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SEYMOUR  DURST 


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LAWS 


AND 

ORDINANCES, 

ORDAINED  AND  ESTABLISHED 
BY 

THE  MAYOR,  ALDERMEN,  AND  COMMONALTY  OF 
THE  CITY  OF  NEW-YORK, 

IJV  COMMOK^COUNCIL  COJVVEJVED, 

FOR 

THE  GOOD  RULE  AND  GOVERNMENT 

OF 

THE  INHABITANTS  AND  RESIDENTS 

OF 

SAID  CITY, 


Passed  and  published  the  ISth  day  of  Apnl^  1803, 

IN  THE  MAYORALTY  OF 

« 

EDWARD  LIVIJVGSTOJsr. 


NEW-YORK : 

PRINTED  BY  GEORGE  F.  HOPKINS,   AT  WASHINGTON'S  KEAD^ 
NO.    118,  PEARL-STREET. 

1803. 


CONTENTS. 


PAGE. 


A  Law  for  the  due  observance  of  the  Lord's- 

Day,  called  Sunday,       .       >   v  s 

Imw  directing  the  uses  of  the  public  seals,  6 

Laiv  to  regidate  the  admission  of  freemen  ^  7 

Law  to  regulate  the  public  markets^  8 

Law  for  establishing  the  assize  of  bread,  1 5 
Law  for  the  appointment  of  a  street  commis- 

sioner,  ^c.  ■  21 
Laiv  for  the  appointment  of  a  super int end- 
ant  oj  scavengers)^  c^c,  29 
Lazo  for  preventing  and  extinguishing  fires,  42 
Law  to  regulate  the  keeping  of  gun-powder,  49 
L.ai<o  to  regidate  surveyors,  50 
Laio  to  regulate  carts  and  carmeuy  52 
'  Law  to  regulate  the  landing  and  sale  of  hay  y  59 
Law  to  regulate  the  sale  of  fire-zvood,  64 
Laxv  to  regidate  the  sale  of  lime,  68 
Lazv  to  regulate  the  sale  of  charcoal,  69 

Lazv  to  regulate  the  sale  and  cartage  of 

manure,  8(c.  70 

Law  to  j^egulate  the  fees  of  zveigh-masters, 

and  measurers,  71 

Law  to  regulate  the  lyirig  of  vessels  at  the 

public  wharves,  Kc,  73 

Laxv  to  regulate  tJie  sale  of  horses,  8(c.  78 

Law  to  regulate  the  passing  of  carriages,  ^^c.  79 

Lazv  to  prevent  the  ringing  or  tolling  of 

bells  for  funerals,  80 


11 


PAGE. 


A  Laxv  for  the  better  regulating  of  public  porters,  80 

Law  to  prevent  the  firing  of  gun$y  83 
Law  to  prevent  improper  conduct  on  certain 

days  J  84 

Laio  to  prevent  dogs  from  running  at  large,  85 
Law  for  the  further  establishment  of  signal 

poles  on  Staten-I stand.  86 

Law  to  appoint  a  comptroller,  88 
Law  for  the  better  regulation  of  the  city 

watch,  ^c.  91 
Law  relative  to  persons  licenced  by  the  mayor, 

to  retail  spirituous  liquors,  ^c.  97 

Lazv  for  regulating  fences,  99 

Lazv  to  prevent  the  setting  of  fences  or  other 

obstructions  in  the  rnver,  &'c.  100 

Law  for  procuring  regular  bills  of  mor- 
tality; 101 
Laiv  to  regulate  the  sales  at  auction,  lOi 
Latv  to  regulate  ferries,  8(c.  107 
An  act  of  the  legislature  of  the  state  of  New- 
York,  to  invest  the  mayor,  8(c.  109 


I 
1 


V 


CHAPTER  I. 

A  LAW 

For  the  due  Observance  of  the  Lord's  Day,  called 

Sunday. 

Sect  1  T^''^  it  ordained  by  the  Mayor ,  Aldermen, 
and  Commonalty  of  the  City  of  New- 
York,  in  Common  Council  convened.  That  no  person 
oripersons^  within  the  City  of  New- York,  shall  do 
any  manner  of  servile  work  or  labour  on  the  Lord's 
Day,  called  Sunday,  (works  of  piety,  charity  or  ne- 
cessity excepted)  under  the  penalty  oi five  dollars  ; 
nor  buy  or  sell,  nor  show  forth  nor  expose  to  sale 
any  goods,  wares  or  merchandizes,  or  any  other 
thing  zvhatsoever,  on  the  said  day  within  the  said 
city,  under  the  penalty  of  five  dollars  for  each  sale, 
purchase,  showing  forth  or  exposure  for  sale  :  pro- 
vided always,  that  it  shall  be  lawful  to  sell  small 
meats  and  fish  on  the  said  day  until  nine  o'clock 
in  the  morning;  and  milk  until  nine  o'clock  in  the 
morning,  and  after  four  in  the  afternoon. 

2.  And  be  it  further  ordained,  That  there  shall 
be  no  travelling,  shooting,  fishing,  sporting,  play- 
ing, horse-racing  or  horse-swimming  on  the  said 
day,  in  any  of  the  streets,  or  other  place  within  the 
said  city,  under  the  penalty  of  five  dollars  for  each 
offence. 


4 

3.  And  be  it  further  ordained^  That  no  public  inn- 
keeper, victualler,  or  keeper  of  an  ordinary,  shall 
entertain  or  receive  company  in  his,  her,  or  their 
house,  or  other  place  or  places,  under  the  penalty 

five  dollars  for  each  offence  ^  nor  shall  any  such 
inn-keeper,  victualler,  or  keeper  of  an  ordinary,  sell 
any  wine  or  other  strong  liquor  on  the  said  day, 
unless  to  strangers  travelling,  or  those  who  lodge 
in  such  houses  for  their  necessary  refreshment, 
under  the  penalty  oifive  dollars  for  each  and  every 
time  he,  she,  or  they  shall  so  sell  any  wine  or  other 
strong  liquor  to  any  persor^  orp'ersons:  And  further  ^ 
that  no  inn-keeper,  victualler,  o^  keeper  of  an.  ordi- 
nary, shall  permit  any  person  or  persons,  to  come 
to  and  remain  in  their  house  on  the  said  day,  and 
there  to  be  tipling;  nor  shall  they  at  any  time  suf- 
fer any  excessive  drinking,  or  persons  to  be  drunk 
in  their  houses,  under  the  penalty  of  ten  dollars  for 
each  offence. 

4.  Arid  it  is  hereby  ejijoined  on  the  High  Constable 
and  other  Constables  and  Marshals j  and  they  are  here- 
by authorized  and  required  to  enter  into  all  or  any 
of  the  houses  of  the  said  public  inn-keepers,  victual- 
lers, or  keepers  of  an  ordinary,  and  if  any  person  or 
persons  shall  be  found  tipling,  or  drunk  therein,  or 
shall  be  guilty  of  any  of  the  offences  mentioned  in 
this  ordinance  to  detain  him,  her  or  them,  until  they 
shall  discover  his  or  her  name  and  place  of  abode, 
and  then  to  direct  and  order  them  forthwith  to  depart 
the  said  house ;  and  if  any  such  person  or  persons 
shall  not  discover  his  or  her  name  or  place  of  abode, 
or  will  not  when  directed  depart  the  said  house^, 


I 


• 


5 

it  shall  be  the  diity  of  such  constable  or  marshal, 
forthwith  to  bring  the  said  person  or  persons  be- 
fore the  Mayor,  Recorder,  or  one  of  the  Aldermen, 
or  other  Magistrates  of  the  said  city  ;  and  if  upon 
tiie  oath  or  affirmation- of  the  said  constable  or 
marshal,  such  person  or  persons  shall  be  found 
guilty  of  either  refusing  to  discover  his  or  her  name, 
or  his  or  her  place  of  abode,  or  refusing  to  depart 
the  said  house  when  required,  such  person  or  per- 
sons shall  forfeit  and  pay  forthwith  the  sum  of 
three  dollars^  or  be  committed  to  the  bridewell  for 
the  term  of  twenty-four  hours. 

5.  And  be  it  further  ordained^  That  if  any  person 
w^ho  shall  contravene  this  ordinance  shall  be  a 
minor,  an  apprentice,  a  bound  or  hired  servant,  or 
a  slave,  his  or  her  parent  or  guardian,  master,  mis- 
tress or  owner,  as  the  case  may  be,  shall  be  deemed 
liable  to  pay  the  penalty  so  incurred,  and  shall 
and  may  be  prosecuted  for  the  same  as  aforesaid. 

6.  And  be  it  further  ordained^  That  the  attorney 
of  this  board  shall  be  authorized,  after  the  recovery 
and  receipt  of  any  penalty  under  and  by  virtue  of  this 
ordinance,  to  pay  over  to  the  person  (except  such 
constables  and  marshals  who  are  employed  and 
paid  by  this  board)  who  shall  give  the  said  attorney 
such  information  of  any  olfence  against  this  ordi- 
nance, as  shall  enable  the  said  attorney  to  prosecute 
the  offender  to  judgment,  such  pare  thereof,  (not 
exceeding  one  half  part  of  the  said  penalty  so  reco- 
vered and  received)  as  in  his  judgment  he  shall 
deem  meet  j^nd  proper. 


6 

7.  A72d  be  it  further  ordained^  That  all  fines, 
forfeitures  and  penalties  imposed  in  and  by  any 
law  or  ordinance  made,  passed  and  ordained  by  the 
Mayor,  Aldermen  and  Commonalty  of  the  city  of 
New- York,  shall  and  may  be  recovered  and  levied 
with  costs  of  suit,  in  any  court  having  cognizance 
thereof. 

CHAPTER  II. 

A  LAW 

Directing  the  Uses  of  the  Public  Seals  of  the  City 

of  NezV'York. 

Sect  1  ordained  by  the  Mayor^  Aldermen^ 

and  Commonalty  of  the  City  of  Nezv- 
Yorky  in  Common  Council  convened^  That  the  Com- 
mon Seal  of  the  Mayor,  Aldermen,  and  Common- 
alty of  the  City  of  New- York,  commonly  called 
the  Common  Seal  of  the  said  city,  shall  be  and 
remain  in  the  custody  and  keeping  of  the  Common 
Clerk  of  the  said  city  for  the  time  being,  and  shall 
be  put  and  affixed  to  all  grants,  leases,  certificates 
of  the  freedom  of  the  said  city,  and  all  other  instru- 
ments and  writings  which  shall,  from  time  to  time, 
be  made,  granted,  or  issued  by  order  of  the  Com-* 
mon  Council,  pursuant  to  the  charter  of  the  said 
city. 

2.  And  be  it  further  ordained^  That  the  Seal 
commonly  called  the  Seal  of  the  Mayor's  Courts 
shall  also  be  and  remain  in  the  custody  and  keep- 


ing  of  the  said  clerk,  and  shall  be  applied  and  af- 
fixed to  all  process  issuing  out  of  the  Court  of  Com- 
mon Pleas,  called  the  Mayor's  Court,  and  out  of 
the  Court  of  General  Sessions  of  the  Peace,  and  to 
such  exemplifications  of  records  and  other  proceed- 
ings in  the  said  courts  as  are  usually  and  necessarily 
certified  under  the  said  seal,  and  to  no  other  pur- 
poses whatsoever. 

3.  And  be  it  further  ordained^  That  the  Seal 
commonly  called  the  Seal  of  Mayoralty^  shall  be 
and  remain  in  the  custody  and  keeping  of  the  Mayor 
of  the  said  city  for  the  time  being,  and  be  by  him 
put  and  affixed  to  all  such  writings  and  instruments 
as  are  usually  and  customarily  certified  under  any 
Seal  of  Mayoralty. 


CHAPTER  III. 


A  LAW 

To  regulate  the  Admission  of  Freemen  in  the  City  of 

NeiV'York. 

Sect  1  ordained  by  the  Mayor ^  Aldermen, 

and  Commonalty  of  the  City  of  Neiv- 
Yorky  in  Common  Council  converted.  That  each 
person  hereafter  to  be  admitted  and  made  a  free- 
man of  the  said  city,  (other  than  such  as  were  born 
or  have  served  a  regular  apprenticeship  of  seven 
years  within  the  same)  shall  pay  as  follows,  to  wit : 
A  merchant,  trader,  or  shop-keeper,  the  sum  of 
twelve  dollars  and  fifty  cents,  and  a  mechanic  the 


sum  of  two  dollars  and  fifty  centSy  for  the  use  of  the 
corporation  of  the  said  city ;  and  that  every  person 
on  being  admitted  and  made  free  as  aforesaid,  shall 
pay  the  following  fees,  to  wit:  one  dollar  to  the 
Clerk,  and  twenty-five  cents  to  the  Crier  of  the  May- 
or's Court. 

2.  And  further^  That  each  person  hereafter  to 
be  admitted  and  made  a  freeman  of  the  said  city, 
shall  take,  before  the  Mayor  and  any  four  of  the 
Aldermen,  the  following  oath  or  affirmation,  to 
wit : 

.  I  do  swear,  or  affirm,  (as  the  case  may  be)  That 
I,  as  a  freeman  of  the  city  of  New- York,  will  main- 
tain the  lawful  franchises  and  customs  thereof:  that 
I  will  keep  the  said  city  from  harm  as  much  as  in  me 
lieth,  and  that  I  will  in  all  things  do  my  duty  as  a 
good  and  faithful  freeman  of  the  said  city  ought  to  do. 


CHAPTER  IV. 


A  LAW 

To  regulate  the  Public  Markets  in  the  City  of 

NeiV'York. 

Sect  1  ordained  by  the  Mayor ^  Aldermen, 

and  Commonalty  q}  the  City  of  Newj 
Yorky  in  Common  Council  convened.  That  every  day* 
in  the  week,  except  Sunday,  shall  be,  and  hereby  is 
appointed  a  Public  Market  Day  within  this  city^ 
and  that  the  Public  Markets  shall  be  held  at  such 
place  or  places  as  the  Common  Council  of  the  said 


V 


/  / 


/ 


/ 


I 


9 

city  shall  from  time  to  time  direct  and  appoint;  and 
that  such  part  or  parts  thereof  as  are  or  shall  not  be 
particularly  appropriated  to  butchers  or  others,  shall 
and  may  be  occupied  by  all  persons  resorting  to  the 
said  public  markets  to  sell  their  provisions  usually 
sold  in  the  public  markets  of  this  city. 

2.  And  be  it  further  ordained^  That  no  person 
other  than  a  licenced  butcher,  shall  cut  up  In  any 
of  the  said  public  markets,  or  in  any  street  in  this 
city,  any  beef,  pork,  veal,  mutton  or  lamb,  or  e:xpose 
the  same  for  sale  by  the  joint  or  in  pieces,  under 
the  penalty  oijive  dollars  for  each  offence. 

3.  And  whereas  a  number  of  persons  other  than 
licenced  butchers,  who  frequent  the  said  markets, 
are  in  the  habit  of  purchasing  the  articles  before- 
mentioned,  and  selling  the  same  in  such  parts  of 
the  market  as  are  not  appropriated  to  licenced 
butchers:  Be  it  therefore  further  ordainedy  that  it 
shall  and  may  be  lawful  to  and  for  the  clerk  of  the 
market  or  his  deputies,  or  such  person  or  persons 
as  the  Common  Council  shall  from  time  to  time  for 
that  purpose  appoint,  to  have,  demand  and  receive 
from  the  said  person  or  persons,  for  each  quarter 
of  beef  brought  into  either  of  the  said  public  mar- 
kets eighteen  cents ;  for  every  hog,  shoat  or  pig, 
eighteeii  cents  ;  for  each  calf,  sheep  or  lamb,  twelve 
cents;  and  if  any  such  person  or  persons  shall  de  - 
ny the  act  of  his,  her,  or  their  having  purchased 
the  article  brought  for  sale  in  order  to  avoid  the 
payment  of  the  said  several  sums,  he,  she  or  they 
shall  forfeit  and  pay  the  sum  of  fifteen  dollars  for 
each  offence. 


10 

4.  And  be  it  further  ordained,  That  no  licenced 
butcher,  his  agent  or  servant,  shall  cut  or  expose  for 
sale  in  any  part  of  the  said  public  markets,  other  than 
at  his  own  licenced  stall  or  standing,  any  beef, 
pork,  veal,  mutton  or  lamb,  under  the  penalty  of 
Jive  dollars  for  the  first  offence,  and  if  repeated,  he 
shall  forfeit  his  licence. 

5.  And  be  it  further  ordained.  That  no  butcher 
shall  sell  any  beef,  pork,  veal,  mutton  or  lamb  in 
any  of  the  said  public  markets  after  the  hour  of  one 
in  the  afternoon,  between  the  last  day  of  April 
and  the  first  day  of  November  and  after  the  hour 
of  two  in  the  afternoon,  between  the  last  day  of 
October  and  the  first  day  of  May  (except  on  Satur- 
day in  the  afternoon)  under  the  penalty  of  three 
dollars  for  each  offence. 

6.  And  be  it  further  ordained.  That  it  shall  not 
be  lawful  for  any  person  or  persons,  until  after  the 
hour  of  twelve  o'clock  in  the  forenoon,  to  purchase 
in  any  of  the  public  markets,  or  in  any  other  part 
of  this  city,  any  provisions  or  articles  of  any  kind 
usually  sold  in  the  said  public  markets,  (except 
flour  or  meal)  w  ith  intent  to  sell  the  same  again 
on  the  same  or  any  other  day,  under  the  penalty  of 
ten  dollars  for  each  offence :  And  that  it  shall  not 
be  lawful  for  any  person  to  purchase  in  any  of  the 
said  public  markets,  any  flour  or  meal  with  intent 
to  sell  the  same  again  until  the  hour  of  four  in  the 
afternoon,  under  the  penalty  of  one  dollar  for  each 
and  every  hundred  weight  so  purchased  :  And  fur- 
ther. It  shall  not  be  lawful  for  any  person  commonly 
denominated  a  huckster,  to  sell  or  expose  to  sale 


I 


11 

in  any  of  the  public  markets,  or  in  any  street  or 
place  within  this  city,  any  fruit,  provisions,  or  arti- 
cles of  any  kind  usually  sold  in  the  said  public 
markets  (other  vegetables  than  fruit  excepted)  un- 
der the  penalty     five  dollars  for  each  offence. 

7.  And  be  it  further  ordained^  That  no  person 
shall  sell  or  offer  for  sale  in  any  of  the  public  mar- 
kets aforesaid,  or  in  any  other  part  of  this  city,  any 
unwholesome  or  stale  articles  of  provision,  or  any 
blown  or  stuffed  meat,  or  measly  pork,  under  the 
penalty  of  ten  dollars  for  each  offence.  And  it  is 
hereby  further  ordained^  That  the  clerk  of  the  said 
market  or  his  deputy,  or  such  person  as  the  Com- 
mon Council  shall  from  time  to  time  appoint,  and 
any  two  butchers  whom  he  may  select  for  that 
purpose,  shall  be  the  judges  to  determine  whether 

^  such  article  of  provision  sold  or  offered  for  sale  as 
aforesaid,  is  stale  or  unwholesome,  or  whether 
such  meat  is  blown  or  stuffed,  or  whether  such 
pork  is  measly,  and  their  judgment  shall  be  final 
and  conclusive,  and  if  any  person  shall  after  such 
judgment  as  aforesaid,  persist  in  selling  or  ofJering 
for  sale  such  provision,  meat  or  pork  as  aforesaid, 
he  or  she  shall  forfeit  and  pay  the  sum  of  ten  dollars 
for  each  offence. 

8.  And  be  it  further  ordalnedy  That  no  butcher  or 
other  person  shall  (between  the  first  day  of  May  and 
the  first  day  of  November  in  every  year)  bring  into, 
or  place  in  any  of  the  said  public  markets  any  un- 
tried fat,  commonly  called  gut  fat,  nor  at  any  time 
or  season  the  head  of  any  sheep  or  lamb,  unless 


12 

the  same  be  skinned  and  properly  cleaned ;  nor  any 
sheep  or  lamb  in  carcass  or  quarter,  with  the  foot 
or  trotter  thereto,  nor  any  hides  or  skins  of  any 
kind  (calf-skins  excepted)  under  the  penalty  of 
two  dollars  for  each  offence. 

9.  And  be  it  further  ordained^  That  all  butter 
brought  to  any  of  the  said  public  markets  for  sale 
shall  be  sold  by  weight,  and  that  no  person  shall 
sell  any  butter  in  rolls,  pots,  piggins,  tubs,  pails  or 
firkins,  other  than  such  as  hath  the  weight  marked 
thereon  before  it  is  brought  into  the  market;  nor 
sell  or  weigh  out  any  butter  into  smaller  quantities 
in  any  of  the  said  public  markets,  under  the  penalty 
of  07ie  dollar  and  tzventy-fve  cents  for  each  offence. 
And  further^  That  if  any  butter  offered  for  sale  as 
aforesaid,  shall  be  found  deficient  in  the  weight  at 
which  it  is  offered  for  sale,  the  person  selling  or 
offering  the  same  for  sale,  shall  forfeit  the  sum  of 
one  dollar  and  fifty  cents  for  each  oflfence. 

10.  And  he  it  further  ordained^  That  it  shall  be 
lawful  for  the  clerk  of  the  market,  or  his  deputies, 
or  such  person  or  persons  as  the  Common  Council 
shall,  from  time  to  time,  for  that  purpose  appoint, 
to  have,  demand,  and  receive  from  the  butchers, 
and  other  persons  resorting  the  said  public  markets 
to  sell  meat,  for  their  respective  stalls,  standings, 
places,  boards,  shelter,  and  other  things  necessary 
for  their  standings  in  the  said  public  markets,  and 
for  keeping  the  same  clean  ;  and  also  for  defraying 
the  incidental  charges  of  repairing  the  markets,  re- 
warding the  care  and  attendance  of  the  clerk  of 


13 

the  markets  or  his  deputies,  or  such  other  person 
or  persons  as  aforesaid — the  rates  and  sums  of  mo- 
ney following,  to  wit : 

For  each  quarter  of  beef  brought  into  the  said 
public  markets,  six  cents. 

For  every  hog,  shoat,  or  pig  brought  into  and 
cut  up  for  sale  in  the  said  public  markets,  six 
Kxrlts. 

For  each  calf,  sheep,  or  lamb,/<9i/r  cents. 

Provided  always^  That  no  person  or  persons,  re- 
sorting to  either  of  the  said  public  markets,  for  the 
purpose  of  selling  any  of  the  articles  before  men- 
tioned, which  have  not  been  purchased  by  him, 
her  or  them,  and  who  shall  not  occupy  any  part 
of  the  said  markets,  but  expose  them  for  sale  in 
any  street  adjoining  or  contiguous  thereto,  shall  be 
exempt  from  the  payment  of  any  of  the  said  fees. 

11.  And  in  order  that  a  free  and  uninterrupted 
passage  may  be  left  for  the  citizens  through  the 
middle  of  the  public  markets,  and  in  the  streets  adja- 
cent thereto:  Beit  further  ordained^  That  no  person 
shall  erect,  fix,  or  put  up  any  stall,  table,  or  bench 
in  any  part  of  the  said  public  markets,  nor  put  down 
any  cask,  chest,  bag,  basket,  or  other  article  in 
the  said  public  markets  more  than  six  feet  from  the 
outside  of  the  floor  thereof,  under  the  penalty  of 
of  one  dollar  and  twenty-five  cents  for  each  offence : 
That  no  person .^shall  occupy  any  part  of  the  street 
at  or  near  any  of  the  said  public  markets  for  the 
purpose  of  exposing  for  sale  any  garden  produce, 
or  other  thing,  other  than  such  part  of  the  street 


14 

as  shall  be,  from  time  to  time,  assigned  and  set 
apart  for  that  purpose  by  the  Alderman  and  Assist- 
ant of  the  Ward :  And  if  any  person  shall  or  do  oc- 
cupy any  part  of  the  street  for  the  purpose  afore- 
said, other  than  such  part  as  shall  be  assigned  and 
set  apart  for  the  purpose  aforesaid ;  such  person  on 
being  required  to  remove,  and  refusing  so  to  do, 
shall  forfeit  the  sum  of  one  dollar  and  twenty-fityt 
cents  for  each  offence  :  and  that  each  person  who 
shall  at  any  time  bring  to  the  said  public  market 
in  a  cart  or  waggon  any  garden  produce  or  other 
thing  to  be  sold,  shall  cause  the  same  to  be  unladen 
immediately  on  its  arrival,  and  shall  forthwith  there- 
upon cause  such  cart  or  waggon  to  be  removed  to 
some  other  place,  so  that  such  market  or  street 
may  not  be  incommoded  or  obstructed  by  such  cart 
or  waggon  after  the  same  shall  be  unladen  as 
aforesaid and  if  any  person  shall  neglect  or  refuse 
to  unload  his  or  her  cart  or  waggon  immediately 
on  its  arrival  as  aforesaid,  or  shall  suffer  or  permit 
his  or  her  cart  or  waggon  to  remain  at  the  market 
or  in  the  street  as  aforesaid,  contrary  to  this  law, 
every  such  person  shall  forfeit  the  sum  of  one  dollar 
and  twenty-five  cents  for  each  offence, 

12.  And  be  it  further  ordained.  That  no  person 
shall  exercise  the  office  of  a  butcher  in  this  city, 
unless  he  is  licenced  for  that  purpose  by  the  May- 
or, under  the  penalty  of  twelve  dollars  and  fifty  cents 
for  every  offence;  and  that  every  butcher  shall  hold 
his  said  office  during  the  pleasure  of  the  Common 
Council  of  the  said  city. 


0 


15 

IS.  And  be  it  further  ordained.  That  if  any  per- 
son or  persons  (other  than  a  licenced  butcher) 
shall  be  guilty  of  any  offence  contained  in  this 
ordinance,  it  shall  and  may  be  lawful  for  the  said 
clerk  or  either  of  his  deputies,  or  the  person 
appointed  as  aforesaid,  immediately  to  seize,  take 
and  safely  keep  such  offender,  and  to  bring  him  or 
her  forthwith  before  the  Mayor,  Recorder,  or  one 
of  the  Aldermen,  or  other  Magistrate  of  the  said 
city,  who  shall  upon  due  proof  made  of  the  said 
offence,  direct  the  said  fine  imposed  by  this  law, 
for  the  offence  charged  and  committed,  to  be 
forthwith  paid,  or  that  the  offender  be  committed 
to  the  jail  or  bridewell,  for  a  term  not  exceeding 
thirty  days,  and  such  offender  shall  for  ever  there- 
after be  prohibited  from  frequenting  the  said  mar- 
kets, for  the  purpose  of  selling  any  article  whatever, 
under  the  penalty  of  ten  dollars,  for  each  day  or 
part  of  a  day,  he  or  she  shall  be  there  for  the  pur- 
pose aforesaid, 

CHAPTER  V. 


A  LAW 

For  establishing  the  Assize  of  Bread  within  the  City 

of  New-York. 

Sect.  I,  ordained  by  the  Mayor,  Aldermen, 

and  Commonalty  of  the  City  of  Neiv- 
York,  in  Common  Council  convened,  That  every 
Baker,  or  other  person  who  shall  use  or  carry  on 


re 

the  trade  or  business  of  a  baker^  either  in  person 
or  by  employing  any  other  person  to  use  or  carry 
on  the  said  trade  or  business,  under  his  or  her  di- 
rections, or  for  his  or  her  profit  or  benefit,  within 
the  city  of  New-York,  shall  cause  all  loaf  bread 
whatsoever  which  he  or  she  shall  bake,  or  cause  or 
procure  to  be  baked,  to  be  marked  with  the  i^i- 
tial  letters  of  his,  her,  or  their  Christian  and  Sur- 
names, plainly  to  be  seen,  on  each  loaf  thereof: 
and  all  loaf  bread  which  shall  not  be  so  marked, 
shall  be  forfeited,  and  shall  and  may  be  seized 
and  disposed  of,  to  and  for  the  use  of  the  Poor  of 
the  City  of  New- York. 

2.  And  be  it  further  ordained  by  the  authority 
aforesaid^  That  ajl  bakers  or  other  persons  using  or 
carrying  on  the  trade  or  business  of  a  baker  as 
aforesaid,  shall  make  or  cause  to  be  made,  all  their 
loaf  bread  of  good  and  wholesome  flour  or  meal, 
and  according  to  the  assize  to  be  established  in 
conformity  to  this  ordinance,  or  any  other  ordinance 
hereafter  to  be  passed,  directing  the  Assize  of  Loaf 
Bread : — And  all  loaf  bread  baked  within  the  city 
of  New- York,  which  shall  be  found  not  to  have 
been  made  of  good  and  wholesome  flour  or  meal, 
or  not  to  be  of  good  quality,  or  wanting  in  weight, 
according  to  the  assize  established  at  the  time,  shall 
be  forfeited,  and  shall  and  may  be  seized  and  dis- 
posed of  to  and  for  the  use  of  the  Poor  of  the  City 
of  New-York  ^  and  the  baker  or  person  who  shall 
cause  or  procure  the  same  to  be  baked,  shall 
moreover  forfeit  and  pay  ten  cents  for  every  loaf 
thereof. 


17 

5.  Provided  always y  and  be  it  further  ordained 
by  the  authority  aforesaid^  That  no  bread  shall  be 
forfeited  in  consequence  of  the  directions  and  pro- 
visions aforesaid  for  the  want  of  weight  only,  unless 
the  same  shall  be  ascertained  within  eight  hours 
after  the  same  is  baked  ;  and  that  whenever  any 
loaf  bread  shall  be  inspected  or  weighed  to  ascer- 
tain the  weight  thereof,  more  than  eight  hours 
after  the  same  shall  have  been  baked,  the  Inspector 
of  bread  shall  make  such  allowance  as  in  his  judg- 
ment shall  be  just,  having  regard  to  the  time  the 
same  shall  have  been  baked  more  than  eight  hours, 
and  if  the  same  shall  be  found  deficient  in  weight 
after  making  such  allowance,  the  same  shall  be 
forfeited  in  the  same  manner  as  though  it  had  been 
inspected  or  weighed  within  eight  hours  after  the 
same  was  baked,  and  then  found  under  the  due 
weight  according  to  the  assize  :  and  whenever  an 
allowance  respecting  the  weight  of  bread  'shall  be 
claimed  on  account  of  its  having  been  baked  more 
than  eight  hours  as  aforesaid,  the  burthen  of  the 
proof  respecting  the  time  when  it  was  baked  shall 
be  on  the  baker,  or  proprietor  thereof. 

4.  And  be  it  further  ordained  by  the  authority 
aforesaid^  That  the  Inspector  of  Bread  shall,  when 
inspecting  or  weighing  bread,  make  such  allow- 
ance as  in  his  judgment  shall  be  just,  for  any  defi- 
ciency of  weight,  only  in  what  are  commonly  call- 
ed split  or  twisted  loaves. 

5.  And  be  it  further  ordained  by  the  authority 
aforesaid.  That  the  Common  Council  of  the  City 
of  New- York  shall,  once  in  every  three  months,  or 


18 

oftener  if  they  shall  deem  it  necessary,  appoint  a 
fit  person  or  persons  to  be  Inspector  or  Inspectors 
of  Bread,  whose  duty  it  shall  be  to  inspect  and  ex- 
amine all  loaf  bread  baked  as  aforesaid,  and  ascer- 
tain and  determine  whether  the  same  is  marked  as 
is  hereby  required,  and  whether  the  same  is  made 
of  good  and  wholesome  flour  or  meal,  and  whether 
the  same  is  of  a  good  quality,  and  to  ascertain  the 
weight  thereof;  and  to  determine  whether  the 
weight  be  sufficient  according  to  this  ordinance 
and  the  established  assize :  and  for  those  purposes, 
every  such  Inspector  shall  have  power  and  authority, 
at  all  suitable  times,  to  enter  any  bake-house,  shop, 
store -house,  or  other  building  or  enclosure  where 
any  loaf  bread  is  or  shall  be  baked,  stored,  depo- 
sited, or  kept ;  and  also  to  stop  and  detain  in  the 
street  any  baker,  or  other  person  or  persons,  with 
their  w^^ggons  or  other  carriages  carrying  any  loaf 
bread  baked  in  this  city  as  aforesaid;  and  there, 
or  in  any  other  suitable  place,  to  inspect,  examine, 
weigh,  and  determine  respecting  such  loaf  bread, 
according  to  the  true  intent  and  meaning  of  this  or- 
dinance ;  and  if  the  same,  or  any  part  thereof,  shall 
be  forfeited  and  liable  to  seizure  for  not  being  con- 
formable to  the  directions  herein  contained,  the 
said  Inspector  immediately,  or  within  six  hours 
thereafter,  shall  convey,  or  cause  to  be  conveyed,  all 
such  bread  as  shall  be  so  forfeited,  for  any  of  the 
causes  aforesaid,  to  the  Alms-house  of  the  city  of 
New- York,  there  to  be  left  for  the  use  of  the  Poor 
of  the  said  city  :  and  if  any  loaf  bread  shall  be  for- 
feited as  aforesaid,  and  shall,  after  the  same  has  been 


19 

inspected  or  examined,  and  the  forfeiture  thereof 
been  determined  by  the  Inspector  as  aforesaid,  and 
within  six  hours  thereafter,  be  conveyed  away  or 
concealed,  so  that  the  Inspector  shall  not  be  able 
to  find  the  same  immediately  to  convey  it  to  the 
Alms-house  as  aforesaid,  the  person  or  persons  in 
whose  bake-house,  shop,  store-house,  or  enclosure, 
the  same  shall  have  been  left  by  the  Inspector 
after  ascertaining  the  forfeiture  thereof,  shall  forfeit 
and  pay  for  any  loaf  thereof  so  conveyed  away  or 
concealed,  tivelve  and  a  half  cents. 

6.  And  be  it  further  ordained  by  the  authority 
aforesaid^  That  the  Inspector  or  Inspectors  to  be 
appointed  as  aforesaid,  shall,  before  he  or  they  enter 
on  the  execution  of  the  duties  of  his  or  their  office, 
take  an  oath  or  affirmation  before  the  Mayor  or 
Recorder,  well  and  faithfully  to  execute  the  powers 
and  trusts  reposed  in  him  or  them^,  without  favour 
or  partiality. 

7.  And  be  it  further  ordained  by  the  authority 
aforesaid.  That  it  shall  be  the  duty  of  the  Chamber, 
lain  to  publish  every  Saturday  in  two  of  the  daily 
newspapers  printed  in  this  city,  an  assize  of  bread 
for  the  ensuing  week,  according  to  the  form  here- 
in after  mentioned  :  And  further.  That  in  fixing 
the  assize,  the  said  Chamberlain  shall  estimate  a 
barrel  of  flour  to  produce  4032  ounces  of  bread  ; 
and  in  order  to  ascertain  the  weight  of  a  shilling 
loaf  of  the  respective  qualities  of  flour,  the  num- 
ber of  ounces  shall  be  divided  by  a  number  equal 
to  the  number  of  shillings  a  barrel  of  flour  of  such 
quality  may  be  worth  at  the  fixing  of  the  assize. 


20 

and  the  number  28  added  thereto  (being  2Ss.  allow- 
ed the  baker)  and  the  quotient  will  be  the  number 
of  ounces  a  shilling  loaf  shall  weigh,  in  the  following 
manner  : — 

Suppose  a  barrel  of  fine  flower  .  .  .  12s. 

Compensation  for  baking  28^. 

100  shillings. 

Divide  4032  by  100,  the  quotient  will  be  40-j-V<t 
being  the  ounces  the  shilling  loaf  must  weigh; 
and  that  whenever  the  fractional  parts  are  less  than 
half  an  ounce,  they  shall  be  taken  off  the  loaf,  and 
when  half  an  ounce  or  more,  an  ounce  shall  be 
added  to  it :  And  further^  That  it  shall  be  the 
duty  of  the  Chamberlain  to  deliver  an  account 
of  the  assize  he  may  so  establish  to  the  In- 
spector of  bread,  or  any  baker,  whenever  called 
upon  so  to  do. 

Form  of  assize  to  be  published. 

Shilling  loaf.    6d  loaf. 
Superfine  wheat  flour  oz,  oz. 

do.  mixed  with  Indian  meal  .  .  oz.  oz. 

do.  mixed  with  rye  meal  .  •  *  oz.  oz. 
Rye  flour  oz.  oz. 

8.  And  be  it  further  ordained  by  the  authority 
aforesaidy  That  all  mixed  bread,  w-hether  baked 
with  superfine  flour  and  Indian  meal,  or  superfine 
flour  and  rye  meal,  the  assize  thereof  shall  be  made 
by  the  Chamberlain  and  Inspector  or  Inspectors  in 
such  manner  as  they  shall  in  their  judgment  think 
just  and  proper. 


21 


9.  And  be  it  further'  ordained  by  the  authority 
aforesaidy  That  the  ordinances  passed  the  sixth  day 
of  April,  be,  and  the  same  are  hereby  repealed. 


CHAPTER  VI. 

A  LAW 

For  the  appointment  of  a  Street  Commissioner ^  and 
to  regidate  the  Paving  and  keeping  in  repair^  and 
to  prevent  Obstructions  in  the  Streets  of  the  City 
of  New-York. 

Sect    1  ordained  by  the  Mayor ^  Aldermen^ 

and  Commonalty  of  the  City  of  New^ 
Yorky  in  Common  Council  convened^  That  from  and 
after  the  first  Monday  in  May  next,  a  discreet,  in* 
dustrious,  and  intelHgent  person,  sufficiently  qua- 
lified to  perform  the  duties  hereinafter  assigned  to 
him,  be  appointed,  and  be  called  and  knov/n  by 
the  name  of  the  Street  Commissioner, 

2.  And  be  it  further  ordained^  That  it  shall  be 
the  duty  of  the  Street  Commissioner  to  inquire  into 
the  subject  matter  of  all  applications  to  the  Board 
for  the  regulating,  paving,  or  otherwise  improving 
of  the  streets,  roads,  or  wharves,  and  to  report  to 
the  Board  the  particular  state  of  the  circumstances 
of  each  case,  and,  if  necessary,  a  survey  or  plan 
of  the  improvements  thereby  intended  :  to  attend 
to  the  due  execution  of  all  ordinances  or  orders  of 
the  Common  Council  for  the  regulating,  digging,  fill- 
ing, paving,  or  repairing  of  streets,  roads,  wharves 


22 

and  common  sewers :  to  direct  the  prosecution 
of  offenders  against  the  laws  contained  in  this  act, 
and  particularly  persons  guilty  of  intrusion  or  en- 
croachments on  the  public  streets  or  roads :  to  take 
the  general  charge  of  viewing  and  determining,  from 
time  to  time,  whether  any  and  w^hat  improvements 
or  repairs  are  necessary,  and  can  be  made,  to  any 
of  the  streets  or  roads,  and  to  report  the  same  to 
the  Board,  together  with  the  best  mode  of  doing 
the  same  :  to  attend  to  and  direct  such  matters  and 
things  as  are  particularly  committed  to  the  Alder- 
men and  Assistants  of  the  respective  wards :  to  di- 
rect the  repairs  of  streets  or  walks,  and  to  see  that 
the  gutters  are  bottomed  with  hard  brick  or  cut 
stone  :  to  order  the  removal  of  all  lumber,  or  other 
things,  with  which  any  of  the  streets  or  wharves 
may  be  incumbered,  under  the  like  penalties  as  if 
directed  by  the  Alderman  and  Assistant  of  the  ward: 
and  to  attend  to  the  surveying  of  lots  about  to  be 
built  on,  to  prevent  encroachments  on  the  streets 
or  roads. 

3.  And  be  it  further  ordahied.  That  the  said  Street 
Commissioner,  for  the  time  being,  by  virtue  of  his 
office,  shall  be  one  of  the  City  Surveyors,  and  shall 
receive  as  a  compensation  for  his  services,  the  yearly 
sum.  or  salary  of  one  thousand  two  hundred  and 
fifty  dollars,  to  be  paid  quarterly. 

4^.  And  be  it  further  ordained.  That  all  streets 
within  the  said  city  of  twenty-two  feet  wide  and 
upwards,  which  shall  hereafter  be  new  paved,  shall 
be  paved  agreeable  to  the  following  regulations,  viz. 
The  foot  path  or  walk  on  each  side  of  such  street 


23 

shall  be  of  the  breadth  of  one  fifth  part  of  the  width 
of  the  whole  street,  and  be  laid  or  paved,  with  brick 
or  flat  stone,  and  secured  with  cut  or  squared  stone 
along  the  outside  thereof:  The  middle  or  remaining 
three-fifths  of  every  such  street  shall  be  and  remain 
as  a  cartway  or  passage  for  carriages  of  burthen  and 
pleasure,  and  shall  have  a  gutter  or  kennel  on  each 
side  thereof,  and  next  adjoining  the  foot-path  or 
walk,  and  shall  be  paved  with  suflScient  paving  stone, 
and  arched  as  follows,  that  is  to  say,  for  every  eigh- 
teen inches  such  cartway  shall  measure  from  the 
gutter  or  kennel  to  the  middle  of  the  street,  the 
arch  or  rounding  of  such  street  shall  be  raised  one 
inch,  to  commence  at  the  respective  gutters  or  ken- 
nels. Provided  ahvays^  That  if  in  any  street  so  to 
be  paved,  the  sides  shall  not  exactly  range,  the 
gutter  or  outside  of  the  foot-walk  shall  be  laid  out 
and  made  as  nearly  in  a  straight  line  as  the  street 
will  admit  of,  and  that  the  ascent  and  descent  of 
every  street  shall  be  regulated  by  the  Street  Com- 
missioner or  by  the  Surveyors  of  the  said  City^  or 
any  two  of  them,  to  be  by  them  reported  to  the 
Common  Council  for  their  approbation.  And  fur- 
ther ^  That  no  cellar-light  in  any  street  shall  extend 
from  any  house  more  than  one-fifteenth  part  of  the 
width  of  the  street;  and  no  canopy,  awning,  shed, 
porch,  portico,  cellar-door,  platform,  stoop,  or  step, 
in  any  street,  in  any  part  of  this  city,  shall  extend 
more  than  one  tenth  part  of  the  width  of  the  street  ^ 
and  that  no  stoop,  porch,  or  platform,  other  than 
with  open  backs  or  railing,  and  for  the  mere  pur- 
pose of  a  passage-way  into  the  house  or  building,  ^ 


24 

shall  hereafter  be  built  or  conthiued  in  any  street  of 
this  city,  under  the  penalty  of  two  dollars  for  each 
offence. 

5.  And  be  it  further  ordained^  That  if  the  pro- 
prietor or  owner  of  any  such  cellar-light,  cano- 
py, awning,  shed,  porch,  portico,  cellar-door, 
platform,  stoop,  or  steps,  shall  refuse  or  neglect  to 
remove  or  take  down  the  same,  after  notice  and 
direction  from  the  Alderman  or  Assistant  of  the 
Ward,  or  the  Street  Commissioner,  to  remove,  or 
take  down  the  same,  such  owner  or  proprietor  shall 
forfeit  and  pay  the  sum  of  one  dollar  and  twenty-five 
cents  for  every  day  the  same  shall  remain  contrary 
to  this  law  as  aforesaid  :  Provided  always.  That 
nothing  in  the  preceding  clause  shall  be  considered 
to  prevent  any  person  from  placing  or  fixing  any 
awning  made  of  cloth,  before  his  or  her  house  or 
store,  if  the  lower  part  of  the  rail  thereof  be  at  least 
six  feet  six  inches  above  the  pavement* 

6,  And  be  it  further  ordained,  That  no  post  shall 
be  erected  or  put  up  in  any  of  the  streets,  roads, 
lands  or  highways,  w^ithin  the  city  or  bounds  of  the 
said  city,  except  at  the  corner  or  intersection  of  two 
streets,  which  are  hereby  ordered  to  be  put  up,  un- 
der the  direction,  and  to  be  approved  of  by  the 
Alderman  and  Assistant  of  the  respective  Wards, 
or  the  Street  Commissioner,  under  the  penalty  of 
Jive  dollars  for  each  offence. 

•  7.  And  be  it  further  ordained.  That  it  shall  not 
be  lawful  for  any  person  to  plant  any  tree  in  any 
street  of  this  city,  which  is  not  more  than  forty  feet 
wide,  to  the  southward  and  westward  of  Catharine 


25 

street  and  Fresh  Water  Pond,  under  the  penalty  of 
twelve  dollars  and  Jifty  cents  for  each  offence  ;  and 
all  trees  which  may  be  planted  in  any  street  of  the 
breadth  of  forty  feet  and  upwards,  shall  be  planted 
on  the  foot-path  or  walk,  under  the  penalty  fve 
dollars  for  each  olFence. 

8.  And  be  it  further  ordained.  That  it  shall  not 
be  lawful  for  any  carman  or  other  person,  to  drive 
any  horse  or  cart,  or  any  wheel  carriage  of  burthen 
or  pleasure,  on  the  foot-path  or  walk  of  any  street, 
under  the  penalty  of  tivo  dollars  for  every  offence. 
And  further.  If  any  carman  or  other  person  afore- 
said, shall  break  or  otherwise  injure  any  such  foot- 
path or  walk,  he  or  she  shall,  within  twenty  four 
hours  thereafter,  cause  the  same  to  be  well  and  suf- 
ficiently repaired  and  amended,  on  pain  of  forfeiting 
^ve  dollars. 

9.  And  be  it  further  ordained.  That  it  shall 
not  be  lawful  for  any  person  to  hang  or  place  any 
goods,  wares,  or  merchandize,  in  the  front  of  his 
or  her  house,  except  for  the  purpose  of  immediate 
removal ;  nor  shall  it  be  lawful  for  any  person  to 
load,  drive,  or  ride  any  horse,  or  to  wheel  or  drag 
any  wheel  or  hand-barrow  along,  or  to  saw,  or  lay, 
or  place  any  fire-wood,  coal,  or  other  thing,  on  any 
foot-path  or  walk  aforesaid,  whereby  the  same  may 
be  lumbered,  or  foot-passengers  incommoded  or 
endangered,  under  the  penalty  of  ttvo  dollars  for 
every  offence. 

10.  And  be  it  further  ordained.  That  the  owner 
or  occupant  of  any  house  or  other  building,  or  lot 
or  lots  of  ground,  fronting  any  street,  shall,  at  his 


^6 

or  her  own  charge  and  expense,  or  at  the  chjargf 
and  expense  of  his  or  her  landlord  or  landlady, 
well  and  sufficiently  keep  and  maintain  in  good  re- 
pair, so  much  of  the  same  street  as  shall  front  the 
buildings  and  lots  of  ground  belonging  to,  or  in 
their  respective  possession  as  aforesaid,  and  at  such 
tirne  and  times,  and  in  such  manner  and  form  as 
shall  from  time  to  tjme  be  directed  and  appointed 
by  the  Alderman  and  Assistant  of  the  Ward  in 
which  such  house,  or  lot,  or  lots  of  ground  shall 
be,  or  by  the  Street  Commissioner ;  and  if  any  own- 
er or  occupant  shall  refuse,  neglect,  or  delay  to 
repair  his  or  her  proportion  of  the  street  or  walk, 
so  as  aforesaid,  fronting  his  or  her  respective  build- 
ings and  lots  of  ground,  according  to  such  directions 
and  appointments  as  aforesaid,  he  or  she  shall,  for 
every  refusal  or  delay,  forfeit  the  sum  oifive  dollars. 
And  it  is  hereby  further  ordained^  That  each  and 
every  occupant  of  any  house  or  other  building, 
shall  be  severally  liable  to  pay  the  penalty  herein 
before  mentioned. 

11.  And  be  it  further  ordained^  That  no  person 
or  persons  shall  encumber  or  obstruct  any  street, 
wharf,  or  pier,  with  any  carriages,  timber,  boards, 
plank,  staves,  heading,  pitch,  tar,  turpentine,  grind- 
stones, anchors,  bricks,  or  any  other  kind  of  lum- 
ber, or  other  thing,  without  having  first  obtained 
leave  or  permission  so  to  do,  from  the  Mayor,  or 
Recorder,  or  Alderman  of  the  Ward,  or  the  Street 
Commissioner,  and  that  leave  and  permission  is 
hereby  limited  and  confined  to  persons  only,  that 
are  or  shall  be  building  or  repairing  houses  or  other 


27 

buHdifigs,  under  the  penalty  o^five  dollars  for  each 
offence  :  And  fiirtlier^  That  if  the  owner  or  owners 
of  such  timber  or  any  of  the  other  articles  aforesaid, 
is  or  are  not  known^  or  shall  reside  out  of  this  city, 
it  shall  and  may  be  lawful  for  the  Mayor,  Recorder, 
or  any  one  of  the  Aldermen  of  this  city,  or  the 
Street  Commissioner^  upon  his  own  view,  or  upon 
application  made  to  any  one  of  them,  by  any  per- 
son or  persons  whomsoever,  to  order  such  carriages, 
timber,  boards,  plank,  staives,  heading,  pitch,  tar> 
turpentine,  grind-stones,  anchors,  bricks,  or  other 
kind  of  lumber  aforesaid,  to  be  carted  or  removed 
from  such  street,  wharf,  or  pier,  which  shall  be 
encumbered  with  the  same,  into  the  yard  of  the 
Alms-house  or  Bridewell  of  this  city,  and  to  direct 
the  immediate  sale  of  so  much  thereof  as  will  be 
sufficient  to  pay  such  forfeitures  as  aforesaid,  and 
the  expense  of  such  cartage  or  removal,  and  that 
the  remainder  shall  continue  in  the  yard  of  the 
Alms  house  or  Bridewell,  until  the  owmer  or  own- 
ers shall  appear,  prove  his  or  their  property,  and  pay 
to  the  Treasurer  or  Chamberlain  of  this  city,  for 
the  use  of  the  Corporation  thereof,  two  cents  for 
every  cart  load  thereof,  for  every  day  that  the  sam^ 
shall  remain  in  either  of  the  said  yards. 

12.  And  be  it  further  ordained^  That  it  shall 
not  be  lawful  for  any  person  to  make,  erect,  or 
have  any  bow-window,  or  other  window,  to  pro- 
ject into  the  street  beyond  the  front  of  his  or  her 
house,  or  to  hang  or  place  any  sign,  to  extend  into 
the  street  more  than  one  foot  beyond  the  front  of 
his  or  her  house  or  lot,  in  any  part  of  the  city  to  the 


southward  and  westward  of  Catharine-street  and 
the  Fresh  Water  Pond ;  and  if  any  person  shall 
hereafter  erect  or  make,  or  continue  any  bow-win- 
dow, or  other  window,  projecting  into  the  street 
beyond  the  front  of  his  or  her  dwelling-house,  con- 
trary to  this  law,  every  such  person  shall  forfeit  and 
pay  the  sum  of  seventy-five  cents ^  as  a  fine  for  every 
day  such  bow-window,  or  other  window,  shall  be 
so  continued  :  and  if  any  person  shall  hang  or  place 
any  sign  to  extend  into  the  street  more  than  one 
foot  beyond  the  front- of  his  or  her  house  or  lot, 
contrary  to  this  law,  every  such  person  shall  forfeit 
and  pay,  for  the  first  oflfence,  the  sum  of  seventy-five 
cents  J,  as  a  fine  for  the  same ;  and  for  each  offence 
thereafter,  the  sum  of  07ie  dollar  and  fifty  cents^  as 
a  fine  for  the  same. 

13.  And  he  it  further  ordained^  That  whenever 
the  timber,  which  heretofore  was  laid  to  secure 
the  front  or  outer  edge  of  the  foot  or  side-walk,  in 
any  street,  shall  be  so  decayed  as  to  require  repair, 
cut  or  square  stone  shall  be  substituted  in  place  of 
the  wood  so  decayed ;  and  if  any  foot  or  side-walk 
shall  hereafter  be  repaired  contrary  hereto,  the 
ow^ner  or  occupant  of  the  house  or  lot  fronting  the 
same,  shall  pay,  as  a  fine,  at  the  rate  of  twenty- 
five  cents  for  each  foot  in  length  of  such  foot  or 
side-walk  so  repaired. 

14.  And  he  it  further  ordained.  That  if  any  of- 
fence shall  be  committed  against  this  law  by  any 
apprentice,  servant,  or  slave,  the  forfeiture  shall 
be  recovered  against,  and  be  paid  by  the  master 
or  mistress  of  such  apprentice  or  servant,  and  the 
owner  of  such  slave. 


29 


CHAPTER  VII. 

A  LAW 

For  the  Appointment  of  a  Superintendant  of  Scaven- 
gers ^  and  to  prevent  Nuisances  in  the  City  of  New- 
York. 

Sect  1  T-^^  ordained  by  the  Mayor,  Aldermen, 
and  Commonalty  of  the  City  of  New- 
York,  in  Common  Council  convened.  That  from 
and  after  the  first  Monday  in  May  next,  a  discreet 
and  industrious  person  of  honest  fame,  shall  be  ap- 
pointed, to  be  called  and  known  by  the  name  of 
the  Superintendant  of  Scavengers. 

2.  And  be  it  further  ordained.  That  it  shall  be 
his  duty,  for  and  on  account  of  this  Board,  to  hire 
and  employ  such  and  so  many  Assistants,  Scaven- 
gers, and  other  persons,  as  may  be  necessary  to 
sweep  the  heads  of  slips  and  other  public  grounds, 
and  to  take  charge  of  the  mud  machine,  and  su- 
perintend the  cleaning  the  said  slips;  and  to  clean, 
carry  away  and  sell  all  filth,  dirt  and  rubbish,  as 
may  be  found  in  the  streets,  and  provide  suitable 
places  of  deposit  for  the  reception  of  the  said  filth, 
dirt  and  rubbish,  unti>  it  can  be  so  sold  and  re- 
moved. And  that  it  shall  be  the  duty  of  the  said 
Superintendant  to  keep  regular  accounts  of  his  ex- 
penditures and  sales,  and  at  least  once  in  every 
year,  on  the  first  Monday  in  February,  or  oftener 
if  he  shall  be  thereunto  required,  settle  the  same. 


/ 


30 

and  lay  before  the  Common  Council  such  statement 
thereof  as  will  enable  them  to  ascertain  the  sums 
of  money  that  shall  have  been  expended  on  all 
the  principal  objects  in  his  department,  and  likewise 
the  amount  of  sales :  Jnd  furthevy  It  shall  be  the 
duty  of  the  said  Superintendent  to  examine  into, 
and  to  direct  the  prosecution  of  all  penalties  incurred 
for  breaches  of  ordinances  relative  to  incumbrances 
by  filth  or  nuisances,  placed  or  found  in  the  streets 
and  highways,  contrary  to  law,  and  particularly ^  it 
shall  be  the  duty  of  the  said  Superintendant  and  his 
Assistants^  to  report  to  the  Street  Covfimissioner  any 
offences  under  the  laxv  entitled^  A  Law  for  the 
appointment  of  a  Street  Commissioner,  and  to  regu- 
late the  paving  and  keeping  in  repair,  and  to  pre- 
vent obstructions  in  the  streets  of  the  city  of  New- 
York>;"  That  suits  may  be  brought  for  the  same; 
and  generally  to  perform  such  other  duties  in  rela- 
tion  to  his  office,  as  may  from  time  to  time  be 
assigned  to  him  by  the  Board, 

3.  And  be  it  further  ordained^  That  the  Super- 
intendant of  Scavengers,  before  he  shall  enter  upon 
the  duties  of  his  office,  shall  take  an  oath  before  the 
Mayor  or  the  Recorder  of  the  city,  well  and  faith- 
fully to  discharge  the  duties  thereof. 

4.  A7id  be  it  further  ordained^  That  he  give  se- 
curity, in  the  penal  sum  oi  jive  thousand  dollars ^ 
conditioned,  that  the  Corporation  shall  not  sustain 
any  loss,  by  his  improper  or  unfaithful  application 
of  their  monies,  and  to  account  for  the  same,  when 
thereunto  required. 

9.  And  be  it  further  ordained,  That  the  said  Su- 


31 

perintendant  of  Scavengers,  as  a  compensation  for 
his  services,  shall  receive  the  yearly  sum  or  salary  of 
seven  hundred  and  fifty  dollars^  payable  in  quarterly 
payments. 

6.  Aiid  be  it  further'  ordained^  That  the  own- 
er or  occupant  of  each  and  every  house  or  other 
building,  or  lot  or  lots  of  ground  in  the  said  city, 
and  adjoining  to  any  street  which  is  or  shall  be 
paved,  ^shall  twice  in  every  week,  upon  the  days 
herein  after  prescribed  (until  otherwise  ordered  by 
the  Common  Council  of  the  said  city)  before  the 
hour  of  ten  in  the  morning,  cause  all  the  dirt  and 
filth  in  their  respective  houses,  cellars,  alleys,  yards 
and  lots,  to  be  brought  out  into  the  streets  opposite 
to  their  respective  buildings  and  lots,  and  shall 
cause  all  the  dirt  and  filth  in  the  said  streets,  as  far 
as  the  middle  of  the  same,  and  the  gutter  or  kennel 
thereof  opposite  as  aforesaid,  to  such  buildings  and 
lots,  to  be  swept,  scraped  and  collected  together 
in  heaps,  in  the  middle  of  the  same,  in  order  that 
such  dirt  and  filth  may  from  time  to  time  be  re- 
moved by  the  persons  who  are  or  may  be  employed 
for  that  purpose  by  the  Superintendant  of  Scaven- 
gers, under  the  penalty  of  two  dollars  for  each 
neglect.  And  it  is  hereby  further  ordained^  Tha^ 
each  and  every  occupant  of  any  house  or  other 
building,  shall  be  severally  liable  to  pay  the  penaltv 
herein  before  mentioned. 

7.  And  be  it  further  ordainedy  That  the  person 
having  the  charge  of  any  Church,  or  other  place  of 
pubUc  worship.  College,  School,  Hospital,  Jail, 
Alms-house,  Prison,  or  Cemetery,  adjoining  to  any 


32 

of  the  said  paved  streets,  shall^  in  like  manner^ 
cause  so  much  of  the  said  streets,  gutters,  and  ken* 
nels,  as  may  be  opposite  thereto,  and  to  the  lots  of 
land  appertaining  to  the  same,  to  be  swept,  scrap- 
ed, and  cleansed,  and  the  dirt  and  filth  thereof  col- 
lected and  laid  in  heaps,  twice  in  every  week,  on 
the  days  hereinafter  mentioned,  under  the  penalty 
of  three  dollars  for  each  neglect. 

8.  And  be  it  further  ordained^  That  the  duties 
aforesaid  shall  be  performed  by  the  owners  or  occu- 
pants, and  persons  having  the  charge,  as  aforesaid, 
of  houses  and  other  buildings,  and  lots  of  ground, 
adjoining  to  the  Broadway  in  the  said  city,  or  situ- 
ated to  the  westward  thereof,  which  shall  be  call- 
ed the  First  Division^  on  every  Monday  and  Thurs- 
day ;  and  that  the  owners  or  occupants,  and  per- 
sons having  the  charge  as  aforesaid,  of  houses  and 
other  buildings  and  lots  of  ground  in  the  said  city, 
situated  to  the  southward  of  the  Broadway,  and  to 
the  westward  of  the  easterly  side  of  George-street, 
Ferry-street,  and  Peck-slip,  which  shall  be  called 
the  Second  Division^  shall  perform  the  duties  requir- 
ed of  them  as  aforesaid,  on  every  Tuesday  and 
Friday  5  and  that  the  owners  or  occupants,  and 
other  persons  having  the  charge  of  houses  and 
other  buildings  and  lots  of  ground  in  all  the  other 
parts  of  the  said  city,  which  shall  compose  the  Third 
Division^  shall  perform  the  said  duties  on  every  Wed- 
nesday and  Saturday  in  every  week, 

9.  A?id  be  it  further  oi^dazned,  That  before  they 
proceed  to  the  sweeping  of  the  said  streets,  they 
shall  cause  the  same  to  be  sprinkled  with  water, 
under  the  penalty  of  one  dollar  for  every  offence. 


33 

10.  And  be  it  further  ordained,  That  carts  shall 
be  employed  to  go  daily,  (Sundays  excepted)  for 
the  purpose  of  collecting  and  removing  all  offals, 
garbage,  and  other  filthy  substances,  from  the  cel- 
lars, yards  and  kitchens  in  the  said  city,  and  that 
the  persons  employed  by  the  Superintendant  to 
drive  the  said  carts,  shall  give  notice  at  proper 
intervals,  of  their  approach,  by  ringing  of  a  bell, 
and  shall  receive  and  carry  away  all  such  offals  and 
garbage  as  may  be  delivered  at  the  said  carts. 
And  it  is  hereby  further  ordained,  That  the  inhabit- 
ants of  the  said  city  shall  from  time  to  time  deliver 
to  such  Scavengers  or  other  persons  employed  as 
aforesaid,  all  such  offals  and  garbage  as  may  be 
in  their  respective  buildings,  kitchens,  cellars,  or 
yards,  under  the  penalty  of  one  dollar  for  each 
neglect  or  refusal  so  to  do. 

11.  And  be  it  further  ordained.  That  no  person 
shall  cast  or  lay  in  any  street,  lane  or  alley  in  the 
said  city,  any  oysters,  clams  or  other  shell-fish, 
shells  of  any  kind,  ashes,  cinders,  manure,  oflFals, 
garbage,  vegetables,  rubbish,  soil,  strav^,  hay,  lit- 
ter, broken  glass,  or  earthen  ware,  shavings,  paper 
or  dirt,  except  on  the  days  above  prescribed  for  the 
sweeping  and  cleaning  of  the  streets  in  the  several 
parts  of  the  said  city,  above  designated,  or  for  the 
purpose  of  immediate  removal,  and  that  no  person 
shall  in  any  manner  obstruct  any  of  the  common 
sewers,  drains,  or  kennels  of  the  said  city,  under  the 
penalty  of  tivo  dollars,  for  every  offence  :  And  fur- 
ther. That  no  person  shall  cast  or  lay  any  of  the 
articles  before  enumerated,  in  any  of  the  slips  or 

E 


34 

docks  in  the  said  city,  nor  any  human  eicctements, 
either  in  any  such  slip  or  dock,  or  in  any  street,  lane 
or  alley,  in  the  said  city,  under  the  penalty  of  ten 
dollars  for  each  offence. 

12.  And  be  it  further  ordained^  That  no  person 
shall  occupy  or  use  any  part  of  any  street,  lane,  or 
alley,  or  any'  porch  of  any  house  or  building  in  the 
said  city,  or  erect  any  booth  or  platform  in  any 
such  street,  lane  or  alley,  for  the  purpose  of  laying, 
opening  or  exposing  to  sale  any  oysters,  or  other  kind 
of  shell-fish,  or  any  other  fish^  provisions  or  goods 
of  any  kind,  without  the  permission  of  the  Common 
Council  of  the  said  city,  under  the  penalty  of  twb 
dollars  for  every  day.  ; 

13.  And  be  it  further  ordained^  That  no  oysters 
shall  be  brought  into,  or  sold  in  the  said  city,  be- 
tween the  first  day  of  June  and  the  thirtieth  day 
of  September ;  and  if  any  person  do,  or  shall  bring 
into  the  said  city,  any  oysters,  or  do  or  shall  sell  in 
the  said  city,  any  oysters  contrary  to  this  law,  such 
person  shall  forfeit  and  pay  as  a  fine,  two  dollars 
for  any  quantity  of  such  oysters  not  exceeding  one 
hundred,  and  in  that  proportion  for  any  greater 
quantity.  • 

14.  A7id  be  it  further  ordained,  That  no  person 
or  persons  shall  have,  use,  make  or  keep  in  his, 
her  or  their  dwelling-house,  out-house,  cellar,  yard, 
or  any  other  place  whatever  in  any  part  of  the  said 
city,  to  the  southv/ard  of  Grand-street,  on  a  line 
running  from  the  East  to  the  North-river,  any 
noisome  or  oflTensive  substances,  nor  any  vat,  pit, 
or  pool  of  standing  w^ater,  whether  for  tanners^, 


35 

skinners  or  any  other  use,  under  the  penalty  of  jive 
dollars  for  every  day  the  same  shall  be  continued;, 
nor  shall  throw,  spill,  or  empty  the  same,  or  any 
part  thereof,  in  any  street  or  place  other  than  the 
current  or  stream  of  the  river,  under  the  penalty  of 
Jive  dollars  for  each  offence. 

15,  And  be  it  further  ordained^  That  no  tanner, 
skinner,  or  other  person,  shall  bring  to,  and  keep  in 
any  part  of  the  said  city  South  and  West  of  Catha- 
rine-street and  the  Fresh  Water  Pond  aforesaid, 
during  the  space  of  twenty-four  hours,  any  undress- 
ed or  uncurried  hides,  skins  or  leather,  or  any 
blubber  or  other  materials  whatever,  for  dressing 
the  same,  which  cause  any  noisome  or  offensive 
smell,  under  the  penalty  oi  Jive  dollars  for  every 
twenty-four  hours  the  same  shall  be  so  kept :  Pro- 
vided always^  That  nothing  in  this  clause  contained 
shall  extend,  or  be  construed  to  affect  any  tanner 
or  skinner,  vat  or  vats,  pit  or  pits,  in  the  place 
commonly  called  Beekman's  swamp,  in  the  said 
city,  which  were  made  and  placed  there,  on  or  be- 
fore the  twenty-ninth  day  of  March,  one  thousand 
seven  hundred  and  eighty-six. 

16.  And  he  it  further  ordained^  That  it  shall  be 
the  duty  of  the  Scavengers  or  Carmen  employed  by 
the  said  Superintendant,  to  remove  and  cart  away 
all  the  dirt  and  filth,  oifals  and  garbage  collected 
in  heaps  as  aforesaid,  or  which  may  be  delivered  to 
them  in  pursuance  of  this  law,  on  the  days  on  which 
the  same  shall  be  so  collected  or  delivered  to  such 
place  or  places,  and  in  such  manner  as  the  said 
Commissioners  shall  and  may,  from  time  to  timei» 


36 

appoint^  under  the  penalty  oifour  dollars  for  every 
neglect. 

17.  And  be  it  further  ordained.  That  every  cart 
employed  by  the  said  Superintendant,  for  the  pur- 
poses aforesaid,  shall  have  a  tight  box,  the  sides 
and  forepart  of  w^hich  shall  be  two  feet,  and  the 
tail-board  not  less  than  sixteen  inches  high,  and 
shall  have  the  words  "  Dirt  Cart,'  and  its  number 
painted  distinctly  in  black  letters  on  the  outside  of 
the  side  -boards  thereof ;  and  no  Scavenger  or  Car- 
man shall,  after  the  fifteenth  day  of  May  next, 
drive  or  use  any  cart  for  the  purposes  aforesaid,^  or 
any  of  them,  unless  the  same  shall  be  constructed 
and  marked  as  aforesaid,  under  the  penalty  of  two 
dollars  for  every  offence. 

18.  Aiid  be  it  further  ordained.  That  no  person 
or  persons,  except  such  as  are  employed  by  the 
said  Commissioners,  shall  take  up,  carry  away  or 
remove  any  of  the  dirt  or  filth  from  the  said  streets, 
under  the  penalty  oi  five  dollars  for  every  offence : 
and  if  any  licenced  Carman  shall  be  found  guilty 
thereof,  he  shall  forfeit  his  licence  in  addition  to 
the  said  penalty. 

19  And  be  it  further  ordained.  That  the  owners 
or  occupants  of  each  house  or  lot  of  ground  in  the 
said  city,  and  the  person  having  charge  of  every 
Church,  Cemetery,  Jail,  or  other  public  building, 
and  the  land  thereto  belonging,  adjoining  to  any 
street  that  has  been  or  shall  be  paved,  shall,  with- 
in twenty-four  hours  after  every  fall  of  snow,  cause 
the  side  walks  of  such  streets  opposite  to  such  house, 
lot,  building,  or  land,  to  be  cleared  of  the  same. 


37 

unless  it  shall  be  so  congealed  that  it  cannot  be 
broken  without  inj.vi.ring  the  pavement,  under  the 
penalty  oifjty  cen&yrlox  the  first  twenty-four  hours 
for  every  twenty-five  feet  in  length  that  shall  not 
be  so  cleared ;  and  under  the  like  penalty  for  every 
twenty-four  hours  thereafter,  and  so  in  proportion 
for  every  greater  or  less  space  of  ground  remaining 
uncleared,  and  longer  continuance  of  such  neglect. 

20.  And  be  it  further  ordained^  That  no  person 
shall  inter  any  corpse  in  any  Cemetery,  or  other 
place  in  the  said  city,  to  the  southward  and  west- 
ward of  Pump-street  and  Nicholas-street,  unless  in 
vaults  or  graves  that  shall  be  at  least  six  feet  deep, 
and  without  removing,  disturbing,  or  exposing  any 
other  dead  body  or  coffin,  under  the  penalty  of  ten 
dollars  :  And  further^  That  no  corpse  of  any  per- 
son who  may  die  of  any  contagious  or  pestilential 
disease,  other  than  the  small-pox  or  measles,  shall 
at  any  time  be  interred  to  the  southward  or  wxst- 
ward  of  the  said  streets,  under  the  penalty  of  twenty- 
jive  dollars^  to  be  paid  by  every  person  oflfending  in 
the  premises,  or  assisting  therein  ;  and  if  any  porters 
or  other  persons  who  may  be  employed  in  carrying 
the  dead  to  the  place  of  interment,  do,  in  passing 
through  the  street  with  a  dead  body,  make  use  of  or 
pass  along  the  side  walk  of  any  street,  every  such 
porter  or  other  person  shall,  for  every  offence,  for- 
feit and  pay  jve  dollars. 

21.  And  be  it  farther  ordained^  That  no  made 
ground,  or  ground  formerly  covered  with  salt  or 
stagnant  water,  within  the  said  city,  shall  be  turn- 
ed up,  or  the  surface  thereof  removed,  at  any  time 


38  - 

during  the  months  of  June,  July  and  August,  un- 
less by  special  permission  of  the  Common  Council 
of  said  city,  under  the  penal ty??i^^  tzventy-Jive  dollar's 
for  every  offence. 

22.  And  be  it  further  ordained.  That  the  Street 
Commissioner  and  the  Superintendant  of  Scaven- 
gers and  his  Assistants,  shall  and  may,  from  time  to 
time,  view  and  examine  between  sun-rise  and 
sun-set,  all  sunken  lots,  deep  damp  cellars,  and  all 
sinks  and  privies  in  the  said  city,  which  they  may 
know  or  be  informed  are  foul,  and  ill  constructed, 
and  shall  and  may  direct  the  cleaning,  altering  and 
amending  of  the  said  sinks  and  privies,  and  the  re- 
moval of  all  nuisances  existing  in  and  about  the  same, 
and  the  Street  Commissioner  shall  and  may  direct 
the  filling  up,  draining  and  raising  of  the  said  lots 
and  cellars,  and  also  shall  and  may  report,  from  time 
to  time,'  to  the  Common  Council  of  the  said  city, 
all  such  lots,  yards,  cellars,  sinks  and  privies,  and 
all  such  public  slips,  as  shall  and  may  from  time  to 
time  require  to  be  altered  or  amended  by  the 
authority  of  the  Corporation  of  the  said  city. 

23.  And  he  it  further  ordained.  That  if  any  car- 
man or  other  person  shall  take  up  shavings  from 
any  workshop  or  other  building,  for  the  purpose  of 
removal,  and  spill  or  scatter  any  part  thereof  in 
any  street  of  this  city,  he  or  they  shall  pay  as  a 
penalty  for  every  load  or  parcel  so  carelessly  re- 
moved, the  sum  of  one  dollar  for  each  and  every 
offence. 

24.  And  be  it  further  ordained.  That  all  sand 
or  clay  shall  be  carted  in  tight  boxes,  the  sides  and 


39 

forepart  of  which  shall  be  two  feet,  and  the  tail- 
board not  less  than  sixteen  inches  high,  and  well 
secured,  so  as  to  prevent  any  part  of  it  falling  or 
scattering  in  the  street ;  and  that  no  person  shall 
cart  or  sell  any  sand  or  clay  in  any  other  manner, 
under  the  penalty  of  one  dollar  for  each  load. 

23,  A7id  be  it  further  ordained.  That  it  shall  not 
be  lawful  for  any  goats  or  swine  to  go  at  large  in 
any  part  of  this  city  ;  and  that  all  goats  and  swine 
at  any  time  found  going  at  large  in  this  city,  shall 
l3e  thereby  forfeited  to,  and  become  the  property  of 
^ny  person  who  shall  seize  and  take  up  such  goats 
or  swine  :  And  further.  That  it  shall  be  lawful  for 
any  person  or  persons,  who  shall  find  any  goat  or 
swine  going  at  large,  or  trespassing  in  any  place 
in  this  city,  to  kill  or  destroy,  or  seize  and  take, 
and  appropriate  such  goat  or  swine  to  his  or  their 
own  use,  or  to  drive  or  carry  such  swine  to  the 
Alms-house  of  this  city,  and  deliver  the  same  to  the 
keeper  thereof,  for  the  use  of  the  poor  of  this  city; 
and  the  keeper  of  the  Alms-house  shall  pay  to  the 
person  delivering  him  any  such  swine,  the  sum  of 
's^eventy-five  cents  for  every  such  swine.  And  further^ 
Every  Constable  and  Marshal  in  this  city,  is  hereby 
directed  and  required  to  seize  and  take  all  swine  he 
shall  find  or  see  going  at  large  in  this  city,  and  to  drive 
or  carry  such  swine  to  the  Alms-house  in  this  city, 
and  to  deliver  the  same  swine  to  the  keeper  of  the 
said  Alms-house^  for  the  use- of  the  poor  of  the  said 
city;  and  every  Constable  or  Marshal  who  shall 
deliver  any  swine  so  found,  to  the  keeper  of  the 
said  Alms-house>  shall  receive  for  his  trouble  the 


40 

sum  of  one  dollar  for  each  swine  so  delivered^,  to 
be  paid  by  the  keeper  of  the  said  Alms-house. 

26.  And  be  it  further  ordained.  That  it  shall  not 
be  lawful  for  any  Carman  or  other  person  whatever, 
except  under  the  direction  of  the  Street  Commis- 
sioner, and  for  public  uses,  to  deposit  or  heap 
manure  at  any  place  to  the  southward  of  a  line 
beginning  at  the  outlet  of  the  Swamp  of  Anthony 
Lispenard  into  Hudson's  River,  and  running  frora 
thence  to  and  along  the  North  side  of  the  dwel- 
ling-house late  of  Nicholas  Bayard,  thence  to  and 
along  Bullock-street  to  the  East-river,  under  the 
penalty  of  twenty-five  dollars  for  each  offence,  and 
the  further  penalty  of  one  dollar  for  every  twenty- 
four  hours  which  the  same  shall  remain  so  deposited 
or  heaped. 

27.  And  he  it  further  ordained^  That  no  manure, 
filth  or  sweepings  of  the  streets,  which  now  is  or 
hereafter  may  be  collected  in  heaps,  to  the  north- 
ward of  the  line  last  before  mentioned,  shall  at  any 
period,  between  the  first  day  of  May  and  the  first 
day  of  December  in  any  year,  be  carted  down  to  any 
wharf  to  the  southward  of  a  line,  beginning  at  the 
outlet  of  the  swamp  of  Anthony  Lispenard,  into 
Hudson's  River,  and  running  from  thence  easterly, 
to  the  North  side  of  Willet's-wharf,  in  the  East- 
river,  unless  under  the  direction  of  the  Superintend- 
ant  of  Scavengers,  under  the  penalty  of  txventy-five 
dollars  for  each  offence. 

28.  And  be  it  further  ordained^  That  no  ship  or 
vessel  of  any  size  or  description  whatever^  shall 
come  into,  or  lay  in  any  public  slip  in  this  city. 


41 

without  leave  of  the  Superintendant  of  Scavengers, 
during  the  time  that  the  mud  machine  and  scow- 
belonging  to  the  public  shall  or  may  be  employed, 
in  cleansing  such  slip  and  removing  the  filth  and 
mud  therefrom,  and  if  any  ship  or  other  vessel 
aforesaid  shall  or  do,  v^ithout  leave  as  aforesaid, 
come  into  such  public  slip,  in  which  the  said  mud 
machine  and  scow  shall  be  so  employed,  the  master, 
owner,  or  persons  having  charge  of  such  ship  or 
other  vessel,  shall  forfeit  and  pay  as  a  fine  twenty- 
five  dollars  :  And  further^  That  if  the  master,  own- 
er, or  person  having  charge  of  such  ship  or  other 
vessel,  which  shall  be  in  such  public  slip,  in  which 
the  said  mud  machine  and  scow  shall  be  so  employ- 
ed as  aforesaid,  shall  and  do  neglect,  or  refuse  to 
remove  such  ship  or  other  vessel  from  such  public 
slip,  when  thereunto  required  by  the  said  Superin- 
tendant of  Scavengers,  he  shall  forfeit  and  pay  as 
a  fine  twenty-five  dollars  for  every  twenty-four  hours, 
and  in  that  proportion  for  a  shorter  or  longer  time 
such  ship  or  other  vessel  shall  be  and  remain  in  such 
slip. 

29.  And  be  it  further  ordained,  That  if  any  of- 
fence shall  be  committed  against  this  law%  by  any 
apprentice,  servant  or  slave,  the  penalty  in  such 
case  shall  be  recovered  from,  and  paid  by,  the 
master  or  mistress  of  the  person  offending. 


42 


CHAPTER  VIII. 
A  LAW 

For  preventing  and  extinguishijig  Fires  in  the  City 

of  New-York. 

Sect  1  ordained  by  the  Mayor,  Aldervieny 

and  Commonalty  of  the  City  of  Nezv- 
York,  in  Common  Council  convened.  That  the  owner 
or  occupant  of  every  dwelling-house  within  this 
city,  having  less  than  three  fire  places,  shall  pro- 
vide one  leather  bucket ;  and  having  three  fire- 
places and  less  than  six,  tioo  j  and  having  six  fire- 
places and  less  than  nine,  four  s  and  having  nine 
fire-places  and  upwards,  six  j  and  the  owner  or  oc- 
cupant of  every  brew-house,  distilling,  and  sugar- 
house,  shall  provide  nine  buckets;  and  of  every 
bake-house  four  buckets ;  each  of  which  buckets 
hereafter  to  be  made  shall  be  sufficient  to  contain 
at  least  two  gallons  and  a  half  of  water,  and  shall 
be  marked  wdth  at  least  the  initial  letters  of  the 
landlord's  name,  or  with  the  number  of  the  house 
to  which  it  belongs,  and  the  name  of  the  street  in 
which  such  house  is  situate,  and  shall  be  hung  up  in 
some  conspicuous  place  in  the  entry  or  near  the 
front  door  of  such  respective  houses  or  buildings, 
ready  to  be  used  for  extinguishing  fires  when  there 
shall  be  occasion:  and  that  such  buckets  shall  be 
found  and  provided  by  the  persons  inhabiting  or 
occupying  such  houses  and  buildings  respectively. 


43 

at  the  expense  of  the  owner:  and  if  such  inhabit- 
ant or  occupant  be  a  tenant,  the  price  thereof  shall 
be  allowed  and  deducted  out  of  the  rent;  and  in 
case  of  any  neglect  in  any  of  the  matters  herein 
before  mentioned,  the  person  offending  shall,  for 
every  month  he  shall  so  neglect,  forfeit  the  sum  of 
seventy-five  cents  for  each  bucket  deficient. 

2,  And  he  it  further  ordained^  That  so  many 
Firemen  shall,  from  time  to  time,  be  appointed  in 
each  of  the  wards  of  this  city,  as  the  Common 
Council  shall  deem  proper,  and  shall  be  called  Fire 
Wardens^  whose  duty  it  shall  be,  immediately  on 
the  cry  or  notice  of  fire,  to  repair  to  the  place  where 
it  shall  be,  and  to  direct  the  inhabitants  in  forming 
themselves  into  ranks,  for  handing  the  buckets  to 
supply  the  fire  engines  with  water,  in  such  places, 
and  in  such  manner  as  they  may  think  will  best  an- 
swer the  purpose,  under  the  direction  however  of 
the  Mayor,  Recorder,  or  any  Alderman  or  Assistant 
of  the  said  city,  if  present :  and  the  citizens  are 
hereby  enjoined  to  comply  with  the  directions  of 
the  Fire  Wardens  upon  such  occasions,  and  it  is 
expected  that  all  other  persons  will  refrain  from 
giving  any  orders  or  directions  upon  those  occa- 
sions, and  cheerfully  obey  such  as  shall  be  given 
ty  the  persons  authorized  for  that  purpose :  and 
in  order  that  the  Magistrates  and  Fire  Wardens 
may  be  more  readily  distinguished  at  fires,  the 
Mayor,  Recorder,  Aldermen  and  Assistants  shall 
each  have,  upon  those  occasions,  a  white  wand  of 
at  least  five  feet  in  length,  with  a  gilded  flame  at 
the  top;  and  each  of  the  Fire  Wardens  shall  wear. 


44 

upon  those  occasions,  a  cap  with  the  city  arms 
painted  on  the  front,  and  the  crown  painted  white, 
and  carry  in  his  hand,  to  be  used  as  occasion  may 
require,  a  speaking  trumpet  painted  white:  And 
the  names  and  places  of  abode  of  the  Fire  Ward- 
ens shall  be  fixed  up  in  writing  in  the  Watch-house ; 
and  whenever  a  fire  happens  in  the  night,  the 
Watchmen  shall  immediately  give  notice  to  each 
of  the  Fire  Wardens:  and  it  is  enjoined  on  the  in- 
habitants to  place  a  lighted  candle  at  a  front  win- 
dow of  their  respective  houses,  in  order  that  the 
people  may  pass  through  the  streets  with  greater 
safety. 

3.  A?id  be  it  further  ordained^  That  the  other 
Firemen  of  the  said  city  shall,  as  often  as  any  fire 
shall  break  out  in  the  said  city,  immediately  upon 
notice  thereof, repair  to  their  respective  Fire  Engines, 
and  draw  them  to  the  place  where  such  fire  shall 
happen,  and  there,  by  the  direction  of  the  Mayor, 
Recorder,  Aldermen,  Assistants,  Engineer,  orOver- 
seer  of  the  fire  engines,  or  any  of  them  who  shall 
be  present,  work  and  manage  the  said  fire  engines, 
and  other  tools  and  other  instruments  provided  for 
that  purpose,  with  all  their  power  and  skill  for  the 
speedy  extinguishing  such  fire;  and  when  the  fire  is 
extinguished,  shall  return  the  said  fire  engines  and 
other  tools  and  instruments,  well  Vv^ashed  and  clean- 
ed, to  their  respective  places  of  deposit:  and  for 
the  better  keeping  the  said  fire  engines  in  good 
order  and  repair,  and  preserving  the  same  from 
decay,  the  said  Firemen  shall,  when  the  season  of 
the  year  will  permit,  by  the  order  and  direction  of 


45 

the  Overseer  of  the  fire  engines,  at  least  once  in 
every  month,  and  at  such  other  time  and  times, 
when  required  by  the  Mayor,  or  any  three  Alder- 
men of  the  said  city  for  the  time  being,  or  by  order 
ot  the  Common  Council  of  the  said  city,  draw  out 
the  said  fire  engines  in  order  to  their  being  exam- 
ined, and  work,  manage  and  exercise  the  same, 
and  wash  and  cleanse  them,  and  see  that  they  be  in 
good  order  and  condition,  and  fit  for  service  upon 
any  emergency;  and  if  any  Fireman  shall  neglect 
his  duty  herein,  he  shall  forfeit  and  pay  for  every 
default,  the  sum  of  seventy-five  cents :  and  if  any 
Fireman  shall  neglect  to  attend  at  any  such  fire, 
or  leave  his  engine  while  at  any  fire,  or  not  do  his 
duty  upon  such  occasion  without  reasonable  cause, 
he  shall,  for  every  default,  forfeit  and  pay  the  sum 
of  one  dollar  and  fifty  cents  :  and  if  any  Fireman 
shall  refuse  or  neglect  to  do  his  duty  as  such  in 
attending  fires,  or  in  any  working,  managing,  ex- 
ercising, trying  or  using  the  said  fire  engines  and 
other  tools  and  instruments  provided  for  extinguish- 
ing fires,  every  such  fireman  shall,  besides  the  fines 
and  penalties  aforesaid,  be  removed  and  displaced 
from  his  said  office. 

4.  A7id  be  it  further  ordained,  That  the  chief 
Engineer  shall,  as  soon  as  may  be,  after  any  fire 
is  extinguished,  cause  all  the  buckets  to  be  collect- 
ed and  carried  to  the  City-Hall  and  placed  upon 
the  pavement  under  the  hall,  that  the  citizens  may 
know  where  to  find  them  :  and  if  any  of  the  back- 
ets be  injured,  he  shall  cause  the  same  to  be 


46 

repaired,  and  render  an  account  of  the  expense 
thereof  to  the  Common  Council  of  this  city,  in 
order  that  the  said  expense  may  be  paid  out  of  the 
revenue  of  this  city, 

5.  And  be  it  further  ordained^  That  the  Fire 
Wardens  in  each  ward  shall,  from  time  to  time,  ex- 
amine the  houses  and  buildings  in  their  respective 
wards,  and  see  that  they  be  properly  furnished  with 
buckets  according  to  law,  and  report  all  delinquents 
to  the  Mayor,  Recorder,  or  one  of  the  Aldermen 
of  the  said  city ;  and  shall  also,  from  time  to  time, 
examine  the  fire  places  and  chimnies  of  all  houses, 
out-houses,  and  buildings,  and  all  stoves  and  the 
pipes  thereof,  and  the  places  where  ashes  are  or 
shall  be  kept,  in  their  respective  wards ;  and  upon 
finding  any  of  them  defective  or  dangerous,  shall  give 
notice  thereof  to  the  Mayor,  Recorder,  or  one  of 
the  Aldermen  of  the  said  city,  who  shall,  at  his  dis- 
cretion, order  the  same  to  be  swept,  altered,  or 
amended;  and  if  any  person  shall  neglect  or  refuse 
to  obey  such  order,  such  person  shall  forfeit  and 
pay  the  sum  of  one  dollar  and  twenty-Jive  cents. 

6.  And  he  it  further  ordained^  That  no  person 
shall  erect  and  use  any  stove  in  this  city,  unless  the 
pipe  or  funnel  for  conducting  the  smoke  thereof  be 
led  in  a  secure  manner,  so  as  not  to  endanger  the 
building,  into  a  proper  brick  or  stone  chimney  or 
flue  ;  and  if  any  person  shall  erect  and  use  any  stove 
contrary  to  this  law,  such  person  shall  forfeit  and 
pay  the  sum  o^five  dollars  for  each  oftence,  and  the 
further  sum  of  one  dollar  for  every  day  such  stove 


47 

shall  remain  contrary  to  this  law,  and  after  notice 
given  by  the  Alderman  or  Assistant  of  the  Ward  to 
remove  the  same. 

7.  And  be  it  further  ordained,  That  if  any  per- 
son shall  lose  any  bucket  or  buckets  at  any  fire 
that  may  happen  in  this  city,  upon  due  proof  be- 
ing made  thereof,  before  the  Mayor,  Recorder,  or 
any  one  of  the  Aldermen  of  the  said  city,  and  pro- 
duced to  the  Common  Council  of  the  said  city, 
w^ithin  sixty  days  after  such  loss,  the  said  Common 
Council  cause  another  or  others  to  be  made 
and  delivered  to  the  party,  at  the  expense  of  the 
city:  and  if  any  person  shall  detain  from  the  ov^n- 
er  any  bucket  or  buckets,  v^hich  shall  be  used  at 
any  fire  as  aforesaid,  above  twenty-four  hours  after 
such  fire  is  extinguished,  such  person  shall  forfeit 
and  pay  for  every  bucket  so  detained  two  dollars 
and  fifty  cents. 

8.  And  he  it  further  ordained^  That  if  any 
chimney  within  this  city  shall  take  fire  for  want  of 
being  kept  clean,  the  occupant  thereof  shall  forfeit 
and  pay  the  sum  oifive  dollars,  which  may  be  sued 
for  and  recovered  in  the  name  of  the  Mayor, 
Aldermen  and  Commonalty  of  the  City  of  New- 
York,  but  to  the  use  and  benefit  of  the  Fire  Depart- 
ment, by  any  person  who  shall  be  appointed  by 
the  said  society  from  time  to  time  for  that  purpose. 

9.  And  be  it  further  ordained,  That  no  person 
shall  have,  put  or  keep  any  hay  or  straw^  in  stack 
or  pile,  within  one  hundred  yards  of  any  building 
on  the  south  side  of  a  line  beginning  at  the  outlet 
of  the  swamp  of  Anthony  Lispenard,  into  Hudson's 


48 

River,  and  running  from  thence  to  and  along  the 
north  side  of  the  dwelling-house  late  of  Nicholas 
Bayard,  deceased,  and  thence  along  the  middle  of 
William-street  to  and  across  the  Bowery-lane  to 
Bullock-street,  and  thence  along  the  middle  of 
Bullock-street  to  the  East  River,  except  in  close 
buildings  proper  for  the  purpose.  Jnd  also,  That 
no  person  shall  have,  put  or  keep  any  hay  or  straw^ 
in  any  stable  or  other  building  not  built  of  stone  or 
brick,  and  covered  with  tile  or  slate,  or  other  mate- 
rials not  subject  to  take  fire,  to  the  southward  of 
the  line  aforesaid,  which  is  or  shall  be  within  ten 
feet  of  any  chimney,  hearth  or  fireplace,  or  place 
for  keeping  ashes,  nor  in  any  dwelling-house  what- 
ever, under  the  penalty  of  ^j^ve  dollars  for  every 
offence  :  and  if  any  person  shall  continue  to  keep 
any  hay  or  straw  in  any  such  house,  stable  or 
building,  or  other  place  aforesaid,  above  forty-eight 
hours  after  conviction  thereof  as  aforesaid,  he  or 
she  shall  be  subject  to  the  like  penalty  for  such 
continuance,  and  so  as  often  as  it  shall  happen  as 
aforesaid. 

10.  And  be  it  further  ordained J'Th^t  no  carpen- 
ter, joiner,  cabinet-maker,  or  other  person,  shall 
have  or  keep  in  his  house,  shop,  building  or  yard, 
any  shavings,  for  a  longer  time  than  forty-eight 
hours ;  but  every  such  person  is  hereby  required  to 
remove  or  cause  to  be  removed,  such  shavings 
from  his  house,  shop,  building  or  yard,  within  the 
time  aforesaid,  under  the  penalty  of  tzvo  dollars  and 
Jifty  cents  for  every  neglect  or  refusal  so  to  do  :  and 
that  no  person  shall  set  on  fire  or  burn  any  shavings. 


49 

chips,  straw,  or  other  combustibles,  in  any  street 
or  yard,  in  any  part  of  this  city,  to  the  southward 
of  a  line  to  begin  at  the  outlet  of  the  swamp  of 
Anthony  Lispenard  into  Hudson's  River,  and  to 
continue  thence  to  and  along  the  Morth  side  of  the 
dwelling-house  late  of  Nicholas  Bayard,  deceased, 
and  thence  along  the  middle  of  William-street  to 
and  across  the  Bowery-lane  to  Bullock-street,  and 
thence  along  the  middle  of  Bullock-street  to  the 
East  River,  under  the  penalty  of  three  dollars  for 
each  offence. 

 ^•^•^  

CHAPTER  IX. 


A  LAW 

To  regulate  the  keeping  of  Gun-Powder  in  the  City 

of  New-York. 

Sect  1  ^  ^'^  ^^^^^'^^^  % ^^J^^^^  Aldermen, 
-LI  and  Commonalty  of  the  City  of  New- 
York,  in  Common  Council  convened.  That  no  person 
or  persons  shall  keep  in  any  house,  shop,  store- 
house, or  other  place  within  two  miles  of  the  City- 
Hall  of  the  said  city  (magazines  of  powder  of  the 
United  States  or  of  this  State  only  excepted)  any 
more  or  greater  quantity  of  gun-powder  at  one  time 
than  twenty-eight  pounds,  and  that  in  four  separate 
stone  jugs  or  in  tin  cannisters,  each  of  which  shall 
not  contain  more  than  seven  pounds  weight  of  gun- 
powder, under  the  penalty  of  twelve  dollars  and 
fifty  cents  for  every  offence. 


50 


2.  And  be  it  further  ordained^  That  for  the 
more  safe  conveyance  of  gun-powder  through  this 
city  to  and  from  any  magazine  or  powder-house, 
the  storekeeper  shall  procure  and  provide  good  tow 
cloth  or  leather  bags  or  covers,  in  order  to  cover 
all  casks  of  gun-powder  that  may  hereafter  be  con- 
veyed as  aforesaid;  and  that  no  Carman  or  other 
person  or  persons  whomsoever  shall  cart  or  carry 
any  gun-powder  through  any  street  of  this  city, 
unless  the  same  shall  be  covered  with  such  tow 
cloth  or  leather  bags  as  aforesaid,  under  the  pe- 
nalty o{five  dollars  for  every  offence. 

3.  And  be  it  further  ordained^  That  no  gun- 
powder shall  be  carried  out  of,  or  brought  into 
this  city  in  either  of  the  ferry-boats  at  the  same 
time  with  passengers  and  horses  or  cattle  of  any 
kind,  under  the  penalty  of  ten  dollars  for  each 
offence,  to  be  paid  by  the  Ferry-master  of  such 
ferry. 

CHAPTER  X. 


A  LAW 

To  rrgidate  Surveyors  in  the  City  of  New-York. 

Sect  1  ordained  by  the  Mayor y  Aldermen, 

and  Commonalty  oj  the  City  of  Neiv- 
York,  in  Common  Council  convened.  That  there 
shall  be  such  and  so  many  Surveyors  appointed  for 
this  city,  as  the  Common  Council  of  the  said  city 
shall  from  time  to  time  think  proper  s  whose  duty 


51 

it  shall  be  to  assist  the  said  Common  Council  in 
the  laying  out  and  regulating  of  all  the  streets, 
roads,  wharves  and  slips  of  the  said  city,  and  to 
lay  out  and  survey  all  ground  for  the  purpose  of 
building  on,  and  to  advise  and  direct  concerning 
the  same :  and  that  the  said  Surveyors  so  to  be 
appointed  as  aforesaid,  do,  before  they  respectively 
enter  upon  the  execution  of  the  said  office,  take  an 
oath  well  and  truly  to  execute  the  same. 

2.  And  in  order  that  regularity  and  uniformity  may 
be  kept  and  observed  in  the  streets  and  buildings 
within  the  said  city. 

Be  it  further  ordained^  That  no  person  or  per- 
sons whatsoever  shall  erect  any  building  on  his, 
her,  or  their  ground,  unless  the  same  be  previously 
viewed  and  laid  out  by  the  said  Surveyors  or  one  of 
them ;  nor  in  any  other  manner  than  they  or  one  of 
them  (with  the  advice  and  consent  of  the  Alderman 
and  Assistant  of  the  Ward  where  such  ground  lieth) 
shall  direct,  under  the  penalty  of  twelve  dollars  and 
fifty  cents  for  each  offence. 

3.  And  be  it  further  ordained.  That  for  laying 
out  each  house-lot,  and  giving  a  certificate  thereof, 
the  said  Surveyor  or  Surveyors  shall  have  and  re- 
ceive from  the  owner  or  owners  theregf,  the  sum 
of  one  dollar  and  fifty  cents. 

4.  And  be  it  further  ordained.  That  whenever 
the  Surveyors  or  either  of  them  shall  be  employed 
by  order  of  the  Common  Council  to  take  a  survey, 
they  shall  have  and  receive  at  the  rate  of four  dollars 
per  diem  for  the  same,  and  also  the  sum  of  one  dol- 
lar per  day  shall  be  allowed  them  for  an  Assistant, 
when  an  Assistant  shall  be  necessarv  :  That  a 
protractor  or  profile  of  the  survey  so  taken  shall 


52 

be  delivered  to  the  Street  Commissioner^  and  no 
further  or  extra  compensation  shall  be  allowed 
therefor. 

5,  And  be  it  further  ordained^  That  for  taking  a 
survey  for  the  purpose  of  regulating  and  paving 
streets^  the  said  Surveyor  or  Surveyors  shall  have 
and  receive  at  the  rate  of four  dollars  for  each  hun- 
dred feet  so  to  be  paved  or  regulated,  including  the 
numbers  and  breadth  of  the  lots,  the  names  of  the 
owners  and  occupants  of  the  same,  and  a  profile  of 
the  said  street;  which  sum  shall  be  charged  in  the 
assessment  of  the  street  so  to  be  regulated  or  paved. 

—  

CHAPTER  XI. 


A  LAW 

To  regulate  Carts  and  Carmen  in  the  City  of 

Neiv-York. 

Sect  1  ordained  by  the  Mayor ^  AldermeUy 

*  J3  and  Commonalty  of  the  City  of  Neiv- 
York,  in  Common  Council  convened.  That  no  per- 
son shall  drive  any  sled,  cart,  truck,  or  other  car- 
riage for  the  transportation  of  any  goods,  wares, 
merchandizes,  fire-wood,  or  other  things  whatso- 
ever, within  the  said  city,  for  hire  or  wages,  unless 
he  shall  be  appointed  or  licenced  as  a  Carman  by 
the  Mayor  for  the  time  being,  under  the  penalty 
fve  dollars  for  each  offence  :  and  that  no  person 
who  hath  been  licenced  as  a  Carman,  and  shall 
have  been  suspended  or  displaced  by  the  Mayor, 
shall  drive  any  cart,  sled,  or  truck,  for  hire  or  wages  - 


53 

as  aforesaid,  under  the  penalty  of  ten  dollars  for 
each  offence, 

2.  And  be  it  further  ordained.  That  each  sled 
or  cart  to  be  employed  for  the  transportation  of  any 
goods,  wares,  merchandizes,  fire-wood,  or  other 
things,  shall  be  two  feet  five  inches  wide  between 
the  foremost  rungs,  and  two  feet  nine  inches  wide 
between  the  hindmost  rungs,  and  no  more  or  less; 
and  that  all  the  rungs  shall  be  three  feet  eight 
inches  high  above  the  floor  of  the  sled  or  cart,  and 
no  more  or  less,  under  the  penalty  of  tivo  dollars 
and  fifty  cents  for  each  oflfence,  to  be  paid  by  the 
owner  or  possessor  thereof. 

3.  And  be  it  further  ordained.  That  each  Carman 
heretofore  licenced,  or  hereafter  to  be  licenced,  shall 
immediately  cause  the  number  of  his  licence  to  be 
fairly  painted  upon  each  side  of  his  cart  with  black 
paint  upon  a  white  ground,  easily  to  be  seen,  on  the 
square  of  the  after  part  of  the  shaft,  and  so  conti- 
nue the  same,  under  the  penalty  of  one  dollar  for 
every  day  he  shall  drive  his  cart  without  having  the 
same  so  numbered. 

4.  And  be  it  further  ordained.  That  any  licenced 
Carman  of  this  city,  shall  and  may  be  permitted  to 
use  iron-shod  wheels  under  the  following  regula- 
tions, to  wit.  That  the  iron  or  tire  round  the  wheels 
shall  be  in  breadth  not  less  than  three  inches,  and 
that  the  nails  wherewith  the  same  shall  be  nailed 
or  fastened  to  the  wheels,  shall  be  so  sunk  into  the 
iron  or  tire,  as  that  the  heads  of  such  nails  shall 
not  project  beyond  the  surface  thereof :  and  if  any 
licenced  Carman  shall  use  any  iron-shod  wheels  to 
his  cart  in  this  city  contrary,  or  not  conformable  to 
this  regulation,  he  shall  forfeit  and  pay  as  a  fine  the 


54 

$um  of  one  dollar  and  twenty-five  cents  for  each  day 
he  shall  so  drive  the  same  cart.  And  further^  That 
the  rims  of  the  wheels  of  all  carts  not  shod  with 
iron  in  the  manner  aforesaid,  to  be  used  by  any 
licenced  Carman,  shall  not  be  less  than  four  inches 
and  an  half  broad,  and  eight  inches  deep  when  new, 
on  pain  of  forfeiting  his  licence  and  the  sum  of  Jive 
dollars. 

5.  And  be  it  further  ordained^  That  no  Car- 
man shall  drive  the  cart  of  any  person  or  persons 
upon  hire  or  on  shares,  under  the  penalty  oi  five 
dollars  for  each  offence  ;  nor  shall  any  Carman  let 
out  his  cart  or  sled  to  hire,  or  on  shares,  to  any  per- 
son or  persons  whomsoever,  or  permit  or  hire  any 
person  to  drive  his  cart,  but  shall  drive  it  himself, 
unless,  by  reason  of  sickness  or  other  disability,  he 
obtain  a  licence  for  so  doing  from  the  Mayor,  or,  in 
his  absence,  the  Recorder,  under  the  penalty  of 
five  dollars ;  and,  upon  conviction  thereof,  to  for- 
feit his  licence  :  and  the  person  to  whom  such  cart 
or  sled  shall  be  let  out,  shall  forfeit  three  dollars  for 
every  day  or  part  of  a  day  such  cart  or  sled  shall  be 
so  let  out  or  employed. 

6.  And  be  it  further  ordained^  That  no  Car- 
man, Drayman,  or  Water-carrier  shall  sit  in  and 
drive  his  cart,  sled,  dray,  or  other  carriage,  in  any 
of  the  streets,  (except  such  only  as,  by  reason  of 
old  age  or  infirmities,  shall  be  licenced  for  that  pur- 
pose under  the  hand  of  the  Mayor)  and  that  no 
such  Carman,  Drayman,  or  Water-carrier  shall 
drive  his  horse  off  a  walk,  under  the  penalty  of  se- 
venty five  cents  for  each  offence. 

7.  And  be  it  further  ordained^  That  if  any  Car- 
man shall  neglect  or  refuse  to  cart  or  employ  his 


.  55 

horse  and  cart  or  sled,  for  any  person  when  requir- 
ed (unless  he  be  then  actually  otherwise  employ- 
ed, or  unless  the  distance  he  shall  be  required 
to  go  shall  be  more  than  four  miles  from  the  City- 
Hall)  such  Carman  shall,  for  every  such  offence, 
forfeit  and  pay  the  sum  of  three  dollars, 

8.  And  be  it  further  ordained.  That  every  Car- 
man shall,  upon  request,  leave  all  other  employ- 
ments whatsoever,  to  attend  the  riding  and  carting 
of  wheat,  flour,  or  any  other  merchandize,  or  other 
thing  subject  to  damage,  under  the  penalty  of  three 
dollars  for  each  default. 

9*  And  be  it  further  ordainedy  That  each  of  the 
Carmen  shall  carry  a  good  and  sufficient  load,  that 
is  to  say,  as  much  as  can  be  conveniently  stowed 
on  his  cart,  and  as  is  reasonable  for  one  horse  to 
draw,  under  the  penalty  of  07ie  dollar;  and  that  no 
Carman  shall  load  or  carry  in  his  cart,  at  one  time, 
more  than  one  puncheon  or  hogshead  of  rum,  one 
hogshead  of  molasses,  one  hogshead  of  sugar,  one 
pipe  of  wine,  or  hoghshead,  puncheon,  or  pipe  of 
any  other  liquors,  and  that  no  greater  quantity  of 
liquors  shall  be  loaded  or  carried  in  a  cart,  at  one 
time,  in  small  casks,  than  one  hundred  and  forty 
gallons,  under  the  penalty  of  one  dollar. 

10,  And  be  it  further  ordained.  That  the  prices 
or  rates  to  be  taken  by  Carmen,  for  the  carriage  of 
goods,  w^ares  and  merchandizes,  fire-wood  and 
other  things,  shall  be  as  follows,  viz 
.  For  loading,  carting,  and  unloading  every  com- 
mon load  of  European  goods,  wheat,  meal,  or  flour 
in  bags  (twelve  bags  to  the  load)  and  of  fire-wood 
and  other  articles  not  hereinafter  mentioned,  to 


56 


any  place  within  this  city,  not  exceeding  half  a 
mile,  one  shilling  and  nine  pence. 

And  for  every  load  of  lime,  bricks,  staves,heading5 
hoops,  hoop-poles,  cocoa,  bar-iron,  pimento,  slate, 
all  kinds  of  dye-wood,  every  seven  barrels  of  flour, 
every  four  tierces  of  bread,  every  two  bales  of  cot- 
ton, every  fifteen  bushels  of  salt,  every  load  of  cheese 
or  gammons,  every  load  of  sails,  every  load  of 
white  sand,  building  sand,  paving  sand,  or  clay, 
containing  twelve  bushels;  every  load  of  beef,  pork, 
pitch,  tar,  turpentine,  beer,  cyder,  or  other  goods 
or  things  in  tight  barrels,  allowing  five  barrels  to 
each  load  (excepting  oil  and  potash,  which  shall 
be  four  barrels  to  the  load),  not  exceeding  half  a 
mile,  one  shilling  and  nine  pence ;  and  if  housed,  six 
pence  more  for  each  full  load. 

For  every  load  of  iron  pots  or  kettles,  every  load 
of  household  goods,  every  load  of  hay  in  trusses  or 
bundle's,  every  load  of  calves,  sheep  or  lambs,  every 
load  of  loose  shingles  or  brick  handled  and  piled, 
not  exceeding  half  a  mile,  tivo  shillings. 

For  every  load  of  loose  earthen  ware  or  pantiles, 
every  load  of  coal,  of  one  half  of  a  chaldron,  every 
load  of  loose  dried  fish,  every  load  of  hemp  or  flax 
in  bales,  loose  or  in  bundles,  and  every  load  of 
oyster-shells,  not  exceeding  the  distance  of  half  a 
mile,  two  shillings. 

For  loading,  carting,  unloading  and  housing  the 
goods  hereafter  mentioned,  viz. 

For  every  hogshead  or  puncheon  of  rum  or  other 
strong  liquors,  exceeding  ninety  gallons,  and  for 
every  hogshead  of  molasses,  exceeding  ninety  gal- 
lons, three  shillings. 


57 

For  every  pipe  of  wine  or  other  strong  liquors^ 
four  shillings 

For  every  hogshead  of  ale,  and  for  every  tierce  of 
molasses,  rum  or  other  strong  liquors,  from  sixty  to 
ninety  gallons,  tioo  shillings. 

For  every  cabk  of  molasses,  rum  or  other  strong 
liquors,  exceeding  forty  gallons,  and  under  sixty, 
one  shilling  and  six  pence 

For  every  hogshead  of  sugar,  of  twelve  hundred 
weight  and  upwards,  three  shillings. 

For  every  hogshead  of  sugar,  of  nine  hundred 
weight  and  under  twelve  hundred,  two  shillings  and 
six  pence. 

For  every  cask  of  sugar,  coffee  or  cocoa,  of  six 
hundred  weight  and  under  nine  hundred,  tivo 
shillings. 

For  every  load  of  sugar,  coffee  or  cocoa,  in 
smaller  ca^^k,  two  shillings. 

For  every  hogshead  of  tobacco  of  six  hundred 
weight  and  upwards,  and  every  two  tierces  of  rice, 
or  three  tierces  of  flax-seed,  tzvo  shillings. 

For  every  cable,  whole  shot,  of  five  inches  cir- 
cumference to  seven  inches, shillings. 

For  every  cable,  half  shot,  of  like  dimensions, 
three  shillings. 

For  every  cable,  whole  shot,  upwards  of  seven 
inches  to  ten  inches,  eight  shillings. 

For  every  cable,  half  shot,  of  like  dimensions, 
fonr  shillings  and  six  pence. 

For  every  cable,  whole  shot,  of  ten  inches  and 
upwards,  twelve  shillings. 

For  every  cable,  half  shot,  of  like  dimensions, 
six  shillings  and  six  pence. 

H 


/ 


58 


For  every  load  of  cordage  of  lesser  size,  tzoo 
shillings. 

And  that  in  all  cases  where  the  distance  exceeds 
half  a  mile,  and  does  not  exceed  two  miles,  the 
Carman  shall  be  entitled  to  receive  one  third  more 
for  every  load  of  the  same  articles  for  every  addi- 
tional half  mile  he  shall  cart  or  transport  the  same. 

11.  And  be  it  further  ordained,  That  if  any  Car- 
man shall  ask,  demand,  receive,  take,  exact  or  extort 
any  greater  rate  or  rates,  price  or  prices,  for  carting 
any  goods,  wares,  merchandizes,  wood  or  other 
things  than  are  above  mentioned  and  limited,  or 
shall  be  guilty  of  any  embezzlement  or  deceit  in 
the  execution  of  his  duty,  and  be  found  guilty  there- 
of in  any  legal  manner,  he  shall  be  suspended  from 
being  a  Carman  by  the  Mayor,  upon  a  certificate 
thereof;  and  such  Carman  shall  moreover  forfeit 
and  pay  the  sum  oi  jive  dollars. 

12.  And  be  it  further  ordained,^\\^\.  all  Carmen, 
Draymen  and  Water-carriers,  who  shall  use  any 
sled,  shall  be  under  the  same  regulations,  and  sub- 
ject to  all  the  fines,  forfeitures  and  penalties  to 
which  the  Carmen  are  subject  and  liable  by  this 
law. 


/ 


59 


CHAPTER  XII. 

A  LAW 

To  regulate  the  landing  and  sale  of  Hay  in  the  City 

of  Nezv-York, 

Sect    1  ordained  by  the  Mayor^  Aldermen^ 

and  Commonalty  of  the  City  of  Neiv- 
Yorky  in  Common  Council  convened^  That  no  person 
or  persons  whosoever,  shall  sell  any  hay  in  this  city, 
by  the  cart  or  waggon-load  or  in  any  other  manner 
than  by  weight,  accounting  and  allowing  one  hun- 
dred and  twelve  pounds  to  the  hundred  weight,  upon 
pain  of  forfeiting  the  sum  of  ten  dollars;  and  that 
no  Carman  shall  cart  or  deliver  to  any  person  or 
persons  w^homsoever,  any  hay,  unless  the  same 
shall  have  been  weighed  in  the  manner  herein  after 
directed,  on  pain  of  forfeiting  the  sum  oifive  dollars 
for  every  load  or  part  of  a  load  he  shall  so  cart  or 
deliver. 

2,  And  he  it  further  ordained^  That  there  shall 
be  such  and  so  many  proper  and  convenient  ma- 
chines or  engines  erected,  and  scales  and  weights 
provided  for  weighing  carts,  waggons,  sleds  and 
hay,  at  such  place  or  places  within  this  city,  and  at 
the  proper  costs  and  charges  of  such  persop  or 
persons  as  the  Common  Council  of  the  said  city 
shall  from  time  to  time  direct  and  appoint. 

3.  And  he  it  further  ordained.  That  every  per- 
son to  be  appointed  a  Weigh-master  for  the  weigh- 
ing of  hay  within  this  city  as  aforesaid,  shall,  befor? 


60 

he  enters  on  the  duties  of  that  office,  take  an  oath, 
well  and  faithfully  to  execute  the  said  office  ac- 
cording to  the  best  of  his  skill  and  understanding. 

4.  And  be  it  further  ordained^  That  it  shall  and 
may  be  lawful  to  and  for  the  persons  appointed,  or 
to  be  appointed  as  Weigh-masters  of  hay  as  afore- 
said, to  ask,  demand  and  take  from  every  Carman 
or  Waggoner,  for  every  cart  or  waggon  load  of  hay 
so  to  be  weighed  at  any  of  the  said  machines,  the 
sum  of  two  shillings^  and  no  more,  which  said  sum 
of  tivo  shillings  shall  be  repaid  to  such  Carman  or 
Waggoner;  the  one  half  thereof  by  the  seller  and 
the  other  half  by  the  buyer  of  such  hay. 

5.  And  be  it  further  ordained^  That  from  and 
after  the  publication  hereof,  no  Carman  shall  cart 
or  cari  y  any  hay,  brought  to  this  ciry  for  sale,  unless 
he  is  or  shall  be  licenced  for  tKat  purpose  by  the 
Mayor,,  and  shall  first  have  tja(ten  oath,  well  and 
carefully  to  inspect  all  the  Hay  he  shall  so  cart  or 
carry,  that  he  may  see  if  it  is  well  and  sufficiently 
cured  and  dry,  under  the  penalty  oifve  dollars  for 
every  load  or  part  of  a  load  he  shall  cart  or  carry 
without  being  appointed  and  qualified  as  aforesaid; 
and  that  no  Carman  or  Waggoner  qualified  as 
aforesaid,  shall  cart  or  carry  hay  brought  to  this 
city  for  sale,  and  pass  the  same  as  good  and  mer- 
chantable, but  such  as  shall  be  bona  fide  well  cured 
and  dry,  under  the  penalty  oi  five  dollars  for  every 
load  or  part  of  a  load  he  shall  so  cart  or  carry. 

6.  And  be  it  further  ordained^  That  each  In- 
spector of  Hay  or  Hay  Carman  heretofore  licenced 
or  hereafter  to  be  licenced,  shall  immediately  cause 
the  number  of  his  licence  to  be  fairly  painted  upon 
a  tin  plate  with  red  paint  upon  a  white  ground  easily 


61 

to  be  seen,  and  shall  affix  and  continue  such  tin 
plate,  fairly  painted  and  easily  to  be  seen,  on  the 
square  of  the  after  part  of  the  shaft  of  his  cart, 
under  the  penalty  of  one  dollar  and  fifty  cents  for 
every  neglect  or  default. 

Provided  always^  That  nothing  in  this  law  con- 
tained, shall  be  deemed  or  taken  to^  prohibit  the 
importation  within  this  city,  or  the  car  age  of  any 
hay  which  may  be  damaged  or  injured,  or  to  pre- 
vent the  sale  thereof  as  damaged  hay  by  weight  as 
aforesaid.  Provided  also,  That  any  remnant  of  hay 
under  three  hundred  weight,  may  be  sold  and  carted 
away  by  any  Carman  or  other  person,  for  his  or  her 
own  use,  v^ithout  incurring  the  penalties  in  and  by 
this  law  imposed  as  aforesaid. 

7.  And  be  it  further  ordained.  That  the  Car- 
men shall  and  may  demand  and  receive  for  the 
loading,  weighing  and  cartage  of  each  load  of  hay, 
of  one  thousand  weight  and  upwards,  if  unloaded 
or  thrown  down  in  the  street,  the  sum  of  five  shil- 
lings;  and  if  by  them  pitched  or  put  into  a  stable, 
the  sum  six  shillings  and  six  pence ^  and  no  more; 
and  for  the  loading,  weighing  and  cartage  of  each 
load  of  hay,  under  one  thousand  weight,  if  unloaded 
or  thrown  down  in  the  street,  the  sum  oi  four 
shillings ;  and  if  by  them  pitched  or  put  into  a  sta- 
ble, the  sum  of  five  shillings^  and  no  more. 

8  And  be  it  further  ordained,  That  each  Carman 
shall,  before  he  shall  cart  or  carry  any  hay,  and  at 
least  once  in  every  month,  after  he  shall  be  licen- 
ced as  aforesaid,  apply  to  one  of  the  Weigh-masters 
to  be  appointed  as  aforesaid,  to  weigh  his  cart  or 
sled,  upon  pain  of  forfeiting  three  dollars  for  each 
offence  ^  and  such  Weigh-master  is  hereby  required 


62 

to  weigh  such  cart  or  sled,  and  enter  the  same  in  a 
book  to  be  kept  for  that  purpose,  and  also  to  furnish 
such  Carman  with  a  certificate  of  the  \veio:ht  of  his 
cart  or  sled  gratis,  upon  pain  of  forfeiting  three 
dollars  for  every  refusal  or  neglect. 

9.  And  he  it  further  ordained,  That  if  any  dis- 
pute shall  arise  between  the  owner  or  possessor,  or 
the  Inspector  and  the  purchaser  of  any  hay,  whether 
the  same  is  or  is  not  well  and  sufficiently  cured  and 
dry,  the  Mayor,  Recorder,  or  any  one  of  the  Al- 
dermen of  the  said  city,  shall,  upon  application  to 
him  made,  issue  his  warrant  to  three  indiflferent 
judicious  persons  of  skill  and  integrity,  one  whereof 
to  be  named  by  the  owner  or  possessor,  or  the  In- 
spector of  such  hay,  the  second  to  be  named  by  the 
purchaser,  and  the  third  to  be  named  by  the  said 
Mayor,  Recorder  or  Alderman,  which  three  persons 
shall  be  duly  sworn,  carefully  to  view  and  examine 
the  said  hay,  and  make  report  thereof  to  him  forth- 
with ;  and  the  said  Mayor,  Recorder  or  Alderman 
is  hereby  empowered  and  required  to  give  judg- 
ment agreeably  to  the  report  of  the  said  persons  so 
to  be  named,  or  of  any  two  of  them  ;  and  in  case 
the  said  hay  is  judged  to  be  unmerchantable,  the 
said  Mayor,  Recorder  or  Alderman  shall  award  the 
owner  or  seller  or  Inspector  of  the  same  hay  to  pay 
the  costs  of  the  said  trial  or  examination ;  but  if  such 
hay,  upon  such  examination,  shall  be  found  to  be 
well  cured,  dry  and  merchantable,  according  to 
the  directions  of  this  law,  the  charges  of  such  exam- 
ination shall,  in  such  case,  be  paid  by  the  perchaser 
or  such  other  person  at  whose  request  the  view 
and  examination  was  made,  upon  pain  of  forfeiting 
the  sum  of  ten  dollars. 


63 

10.  A?id  be  it  further  ordained,  That  no  hay 
which,  at  the  time  of  the  lading  or  shipping  there- 
of for  this  city,  was  well  cured  and  dry,  and  which, 
by  rain  or  other  unavoidable  accident,  became  wet 
or  damaged  on  board  of  the  boat  or  other  vessel  in 
which  the  same  was  laden  or  shipped,  shall  be  con- 
sidered as  unmerchantable  hay,  within  the  mean- 
ing of  this  law;  but  the  same  may  be  sold,  after  it 
is  again  well  dried,  in  the  same  manner  as  other 
w^ell  cured  and  dry  hay  is  directed  to  be  sold. 

.11.  And  zchereas,  For  want  of  proper  places  to 
unload  boats,  and  other  vessels,  freighted  or  loaded 
with  hay,  they  are  often  detained,  and  the  hay  be- 
comes wet  and  injured  in  such  vessels  while  in  this 
city,  by  means  of  rain :  Therefore, 

Be  it  further  ordained,  That  such  piers,  docks 
and  slips,  as  the  Common  Council  of  the  said  city 
shall,  from  time  to  time,  think  proper  to  direct  and 
appoint,  shall  be  reserved  and  appropriated  for  Pub- 
lic Hay  Wharves;  and  that  every  master  or  owner 
of  any  ship  or  other  vessel  whatsoever  (not  laden 
with  hay)  lying  at  any  ot  the  piers,  docks  or  slips 
so  reserved,  or  to  be  reserved  and  appropriated  as 
hay  wharves  as  aforesaid,  shall,  upon  application 
of  the  master  or  owner  of  any  boat  or  other  vessel 
whatsoever,  then  laden  with  hay,  remove  his  said 
ship  or  other  vessel  from  such  pier,  dock,  or  slip, 
and  give  room  to  such  boat  or  other  vessel  loaded 
with  hay  as  aforesaid,  on  pain  of  forfeiting  the  sum 
of  one  dollar  for  every  hour  between  sun-rise  and 
sun-set,  he  shall  so  neglect  or  refuse  to  remove  his 
said  ship  or  other  vessel  in  manner  aforesaid. 


64. 


CHAPTER  XIII. 


A  LAW 

To  regulate  the  Sale  of  Fire-wood  in  the  City  of 

NeiV'York. 

Sect  1  T^"^  ordained  by  the  May  or  ^  Aldermen^ 
'  and  Commonalty  of  the  City  of  Nezv- 
York\  in  Common  Council  convened^  That  no  Fire- 
wood which  shall  be  brought  into  this  city  for  sale, 
shall  be  considered  as  cord-wood,  unless  it  shall  be 
in  length  ^our  feet.  Including  half  the  scarf ;  and 
that  if  any  person  shall  offer  for  sale  any  fire-wood 
as  cord- wood  which  shall  not  be  of  that  length, 
such  person  shall  forfeit  the  sum  of  one  dollar  for 
every  cart  load.  Provided  always^  and  be  it  further 
ordained^  That  all  fire- wood  brought  to  this  city 
for  sale,  may  be  sold  and  carted,  although  the  same 
be  not  the  length  required  by  this  law ;  and  the 
Inspectors  of  fire-wood  are  hereby  directed  and  re- 
quired to  cause  all  such  wood  as  shall  not  be  of  due 
length,  to  be  stowed  on  the  cart,  as,  in  their  judg- 
ment, to  contain  a  full  quarter  of  a  cord, 

2.  And  be  it  further  ordained^  That  no  cord- 
w^ood  shall  be  landed  on  any  of  the  docks  or  wharves 
until  the  same  is  sold,  in  order, to  be  immediately 
carried  away,  under  the  penalty  of  one  dollar  for 
each  load  so  landed. 

3.  And  be  it  further  ordained.  That  no  cord- 
wood  shall  be  sold  otherwise  than  according  to  the 
following  regulations,  that  is  to  say  : 


65 

The  rungs  or  stantions  of  each  cart  or  sled  which 
shall  be  employed  in  the  carrying  of  cord- wood, 
shall  be  three  feet  eight  inches  high  from  the  floor 
of  the  cart,  and  no  higher ;  and  the  breadth  of  the 
said  carts  between  the  two  foremost  rungs  or  stan- 
tions, shall  be  two  feet  five  inches,  and  between 
the  two  hindmost  rungs  or  stantions,  shall  be  two 
feet  nine  inches,  and  no  more;  in  which  space  be- 
tween the  said  rungs  or  stantions  (and  even  with  the 
top  thereof)  every  Carman  who  shall  cart  any  wood, 
shall  stow  as  much  and  as  close  together  as  it  can 
conveniently  be  put ;  which  wood  so  loaded  shall 
be  deemed,  and  is  hereby  declared  to  be  a  quarter 
of  a  cord,  and  shall  and  may  be  bought  and  sold 
accordingly. 

4.  And  be  it  further  ordained^  That  if  any  per* 
son  or  persons  shall  sell  or  buy  any  cord-wood  con- 
trary to  the  above  regulation  (refuse  wood  herein 
before  mentioned  only  excepted)  or  if  any  Carman 
shall  cart  any  cord  wood  brought  to  this  city  for 
sale  but  in  carts  or  sleds,  made  and  constructed  as 
by  this  law  is  directed,  and  loaded  as  is  above  men- 
tioned, he  or  they  so  offending  therein,  shall,  for 
every  offence,  forfeit  and  pay  the  sum  of  Jive  dol- 
lars. 

5.  And  to  prevent,  as  much  as  possible,  any  al- 
teration in  the  measure  of  the  wood,  from  the  wear- 
ing of  the  rungs  or  stantions  of  the  carts. 

Be  it  further  ordained^  That  the  rungs  or  stan- 
tions of  each  cart  that  shall  carry  wood,  shall  be 
shouldered  with  a  band  of  iron  round  the  part 
which  enters  the  mortice,  and  the  mortice  cased 
with  iron  to  preserve  them  and  keep  the  rungs  and 
stantions  from  giving  way  3  and  that  at  no  less  tha,n 

I 


66 

three  feet  distance  from  the  floor  of  the  carts  there 
shall  be  an  iron  chain  fixed  across  the  carts  to  the 
rungs  or  stantions,  to  prevent  their  spreading  wider 
than  the  space  herein  before  mentioned. 

And  that  every  Carman  w^ho  shall  cart  any  cord- 
wood  for  sale  in  any  cart  not  provided  and  secured 
in  the  manner  hereby  directed,  shall  forfeit  and  pay 
the  sum  of  one  dollar  and  twenty-Jive  cents  for  every 
load  he  shall  so  cart. 

6.  And  be  it  further  ordained^  That  no  crooked 
wood  shall  be  sitowed  in  any  cart  or  sled  construct- 
ed in  manner  aforesaid  with  other  wood,  but  the 
same  may  be  sold  and  disposed  of  as  refuse  wood, 
not  subject  to  the  above  regulation;  and  if  any 
Carman  who  shall  cart  cord-wood,  shall  put  or 
suffer  to  be  put  into  his  cart  any  such  crooked  wood  | 
as  will  prevent  his  cart  from  containing  a  quarter 

of  a  cord  between  the  rungs  or  stantions  thereof, 
he  shall,  for  every  load  so  carted,  forfeit  the  sum 
of  one  dollar. 

7.  And  for  the  better  carrying  into  execution  the 
above  regulations. 

Be  it  further  ordained.  That,  in  addition  to  those 
already  appointed  and  sworn,  there  shall  be  such 
and  so  many  persons  appointed,  as  the  Common 
Council  shall,  from  time  to  time,  think  proper  to 
appoint,  to  inspect  the  loading  of  all  fire-wood 
which  shall  be  brought  to  this  city  for  sale ;  to  see 
that  the  same  be  of  the  proper  length  and  loaded 
as  aforesaid  ;  that  the  said  Inspectors  shall  be  duly 
sworn  to  execute  their  offices  with  fidelity  and 
impartiality;  that  their  respective  judgm.ents  shall 
be  conclusive;  which  said  Inspectors  shall  have  for 
their  trouble  for  each  load  by  them  inspected,  three 


67 

cents,  and  in  the  same  proportion  for  a  greater 
quantity,  two  third  parts  thereof  to  be  paid  by  the 
buyer,  and  the  other  third  by  the  seller  of  such 
wood. 

8.  And  for  the  better  collecting  of  the  said  fees, 
Be  it  further  ordained.  That  the  boatman,  or 

other  seller  of  the  wood,  shall  be  accountable  to 
the  Inspectors  for  their  whole  fees  of  inspection, 
and  shall  recover  two-thirds  thereof  from  the  pur- 
chaser or  purchasers  thereof ;  and  that  if  any  Car- 
man shall  cart  any  such  cord-wood  before  the  same 
shall  be  duly  inspected  as  aforesaid,  he  shall,  for 
every  load,  forfeit  the  sum     fifly  cents. 

9.  And  he  it  further  ordained.  That  if  any  In- 
spector shall,  by  sickness  or  otherwise,  be  prevented 
from  attending  the  duties  of  his  office,  that  in  such 
case  the  Mayor  of  the  said  city,  for  the  time  being, 
or  in  his  absence,  the  Recorder  shall  appoint  one 
other  fit  person  in  his  stead  during  the  sickness 
or  absence  of  such  Inspector. 

10.  And  he  it  further  ordained.  That  no  Carman 
or  Wood-sawyer,  or  other  person,  for  and  on  ac- 
count of  such  Carman  or  Wood-sawyer,  shall  pur- 
chase any  fire-wood  which  shall  be  brought  to  this 
city  for  sale,  except  it  be  for  the  only  use  of  such 
Carman,  Wood-sawyer  or  his  family,  under  the 
penalty  of  tweiUy^ve  dollars  for  each  offence,  ex- 
cept such  Carman  or  Wood-sawyer  shall  have  re- 
ceived an  order  in  writing  to  purchase  such  wood : 
And  further,.  That  no  Carman  or  Wood-sawyer 
shall  sell  or  expose  to  sale,  any  fire-wood  which 
shall  be  brought  or  sent  to  this  city  for  sale,  as 
agent  for  or  on  account  of  any  person  or  persons, 
under  the  penalty    fifteen  dollars  iox  each  offencC: 


68 


11.  And  be  it  further  ordained^  That  the  Attor- 
ney of  this  Board  shall  be  authorized,  after  the 
recovery  and  receipt  of  any  penalty  under  and  by 
virtue  of  this  ordinance,  to  pay  over  to  the  person 
who  shall  give  the  said  Attorney  such  information 
of  any  offence  against  this  ordinance,  as  shall  enable 
the  said  Attorney  to  prosecute  the  offender  to  judg- 
ment, such  part  thereof  (not  exceeding  one  half 
part  thereof  so  recovered  and  received)  as  in  his 
judgment  he  shall  deem  meet  and  proper. 

12.  And  he  it  further  ordained^  That  all  fire- 
wood which  shall  at  any  time  be  brought  into  this 
city  and  stored  or  deposited  in  any  yard  or  other 
place,  and  which  shall  thereafter  be  sold  and  carted 
from  such  yard  or  other  place,  shall  be  inspected 
in  like  manner  and  under  the  same  regulations  as 
fire-wood  sold  and  delivered  from  on  board  of  any 
vessel,  and  landed  at  any  wharf  or  slip  in  this  city ; 
and  the  seller  and  buyer  of  such  wood  sold  and 
carted  from  any  yard  or  other  place  as  aforesaid, 
shall  be  liable  for  payment  of  the  fee  for  inspec- 
tion in  like  manner  as  for  the  inspection  of  fire- 
wood sold  and  delivered  from  on  board  a  vessel. 


CHAPTER  XIV. 


A  LAW 

To  regulate  the  Sale  of  Lime  in  the  City  of 
New-York, 

Sect  1  ordained  by  the  Mayor,  Aldermen, 

*        and  Co7nmonalty  of  the  City  of  New- 
York^  in  Common  Council  convened^  That  all  slack- 


69 


cd  lime  brought  to  the  said  city  and  exposed  to  sale, 
shall  be  sold  by  the  load,  and  that  each  load  shall 
contain  sixteen  bushels,  struck  measure. 

2.  And  be  it  further  ordained^  That  each  Car- 
man who  shall  cart  any  such  lime,  shall  have  on  his 
cart  a  tight  box  with  a  cloth  or  other  sufficient  co- 
ver for  the  purpose,  sufficient  to  contain  the  quan- 
tity aforesaid,  and  shall  put  the  lime  therein.  And 
if  any  Carman,  or  other  person,  shall  cart  any  such 
lime  in  ahy  other  manner,  he  shall  forfeit  ojie  dollar 
and  tzventy-Jive  cents  for  each  load. 


CHAPTER  XV. 


A  LAW 

To  regulate  the  Sale  of  Charcoal  in  the  City  of 

New-York. 

Sect  1   "1^^  ^'^^^^^^^'^^^  %  ^'^^  ^^^^i^^^'^  Alderjnen, 
-L*  a7id  Commonalty  of  the  City  of  New- 

York:,  in  Common  Council  convened^  That  all  Char- 
coal which  shall  be  brought  to  this  city  for  sale, 
shall  be  sold  by  the  bushel :  That  such  person  and 
persons  as  the  Common  Council  shall,  from  time 
to  time,  appoint  for  that  purpose,  shall  be  Measur- 
ers of  all  such  charcoal  y  and  for  that  purpose,  that 
they  respectively  be  provided  with  a  proper  mea- 
sure to  contain  two  bushels  3  and  that  they  respec- 
tively be  allowed,  for  their  service  in  measuring, 
one  halfpenny  per  bushel ;  the  one  half  to  be  paid 
by  the  buyer,  and  the  other  half  by  the  seller. 
2.  And  be  it  further  ordained,  That  if  any  Car- 


70 

man  shall  cart  or  transport  any  such  charcoal,  with- 
out being  measured  in  manner  aforesaid,  such  Car- 
man shall  forfeit  and  pay,  for  every  load  or  part  of  a 
load  so  carted  or  transported  by  him,  the  sum  of 
one  dollar. 

3.  And  be  it  further  ordained^  That  no  person 
shall  hereafter  be  permitted  to  unlade,  vend,  or  ex- 
pose for  sale  any  charcoal,  at  any  or  either  of  the 
slips  in  front  of,  or  opposite  to,  any  of  the  public 
markets  of  this  city^  under  the  penalty  of  ten  dol- 
lars for  each  offence. 


CHAPTER  XVI. 


A  LAW 

To  regulate  the  Sale  and  Cartage  of  Manure^  Sand 
and  Clay  in  the  City  of  New-York. 

Sect  1  ordained  by  the  Mayor ^  Aldermen^ 

*  (ijid  Commonalty  of  the  City  of  Nezv- 
Yorkj  in  Common  Council  convened^  That  all  Ma- 
nure shall  be  sold  by  the  cart  or  waggon  load,  and 
that  each  load  shall  contain  sixteen  bushels,  heaped 
measure. 

4.  And  be  it  further  ordainedy  That  all  manure, 
sand  or  clay  shall  be  carted  in  close  boxes  with  a 
tail-board  at  least  sixteen  inches  high,  and  well  se- 
cured; and  no  person  shall  cart  or  sell  any  manure, 
sand  or  clay  in  any  other  manner  than  is  by  this 
law  prescribed,  under  the  penalty  of  tivo  dollars 
for  each  load  or  part  of  a  load  which  he  shall  so 
cart. 


71 


CHAPTER  XVII 


A  LAW 

To  regulate  the  Fees  of  Weigh-masters  and  Mea- 
surers in  the  City  of  Nczv-York. 

Sect  1  ^^^^^^^^^y      -^^y^^^  ^^^^^^ 

*        and  Commonalty  of  the  City  of  Nezv- 

Yorkj  in  Common  Council  co7ivenedy  That  the 
Weigh-masters  appointed  by  this  Corporation  shall 
be  entitled  to  demand  and  receive  the  following  fees, 
the  one  half  to  be  paid  by  the  buyer  and  the  other 
half  by  the  seller — but  the  employer  shall  be  liable 
for  the  payment  thereof  in  the  first  instance — that 
is  to  say ;  For  weighing  hemp,  flax  and  hides,  thj'ee 
cents  for  each  hundred  weight ;  Braziletta-wood, 
four  cents  for  each  hundred  weight ;  anchors  and 
cables,  above  eight  hundred  weight,  fve  cents  for 
each  hundred  weight ;  and  for  anchors  and  cables 
of  less  weight,  and  all  other  goods  and  articles, 
two  cents  for  each  hundred  weight,  and  in  that 
proportion  for  a  greater  or  less  quantity* 

2.  And  be  it  further  ordainedj  That  the  Weigh- 
master  shall,  if  the  fees  on  the  articles  intended 
to  be  weighed,  exceed  one  dollar,  remove  his  scales 
and  weights  at  his  own  expense,  to  the  place  where 
the  article  intended  to  be  v^^eighed  shall  be,  other- 
wise he  shall,  if  required,  remove  them  at  the 
expense  of  the  owner  of  the  article  required  to  be 
weighed,  and  that  for  the  compensation  above 
allowed,  he  shall»  if  required^  weigh  each  box,  bale. 


72 


cask,  bag,  and  other  package  separate,  and  make 
a  return  thereof,  and  where  it  can  be  done, 
mark  on  each  the  weight  with  blacking  or  red 
chalk  in  legible  and  durable  figures  :  and  if  any 
Weigh-master,  appointed  by  this  Corporation,  shall 
neglect  to  attend  in  person  to  the  duties  of  that 
office  at  any  place  where  his  scales  shall  be  used, 
or  shall  demand,  accept  or  receive  any  greater  com- 
pensation for  his  services  than  above  allowed,  or 
shall  exercise  the  office  of  Weigh-master  under  any 
other  appointment,  he  shall  forfeit  his  appointment 
under  this  Corporation. 

3.  And  be  it  further  ordainedy  That  if  any  per- 
son not  holding  an  appointment  under  this  Corpo- 
ration shall  exercise  the  office  of  Weigh-master,  to 
weigh  any  article  for  any  private  persons,  such  per- 
sons shall  forfeit  and  pay  as  a  fine,  tzventy-Jive  dollars 
for  each  day  or  part  of  a  day  he  shall  be  so  employ- 
ed in  weighing. 

4.  And  be  it  further  ordained^  That  the  Measurers 
appointed  by  this  Corporation  shall  be  entitled  to 
demand  and  receive  the  following  fees  to  be  paid 
as  aforesaid,  that  is  to  say,  for  measuring  boards^ 
plank  and  timber,  tiventy-five  cents  for  each  hundred 
feet  of  solid  measure,  and  fifty  cents  for  each  thou- 
sand feet  of  superficial  measure  3  for  measuring  salt 
and  grain,  seventy-five  cents  for  each  hundred  bush- 
els ;  for  measuring  lime,  twelve  and  an  half  cents  for 
each  load  of  sixteen  bushels  3  for  measuring  of  char- 
coal, one  cent  for  each  bushel;  and  for  measuring 
sea-coal  twenty  five  cents  per  chaldron,  and  at  and 
after  the  same  rate  for  a  greater  or  less  quantity : 
and  if  any  person,  not  holding  an  appointment  un- 
der this  Corporation,  shall  exercise  the  office  of 


73 

Measurer  to  measure  any  article  for  any  private  per- 
son, such  person  shall  forfeit  and  pay  as  a  fine, 
ten  dollars  for  each  offence. 


CHAPTER  XVIIL 
A  LAW 

To  regulate  the  lying  of  Vessels  at  the  Public  Wharves 
and  in  the  Slips  of  the  City  of  New-York ^  and  to 
establish  the  Rates  of  Wharfage. 

Sect  1  T^"^  ordained  by  the  Mayor^  Aldermen^ 
and  Commonalty  of  the  City  of  New- 
York,  in  Common  Council  convened.  That  the  master, 
owner  or  possessor  of  each  vessel  or  small  craft 
whatsoever,  above  the  burden  of  five  tons,  belong- 
ing to  the  said  city  or  other  parts  of  the  State  of 
New- York,  or  of  the  State  of  New- Jersey,  or  State 
of  Connecticut,  and  which  is  not  employed  in  any 
trade  out  of  the  United  States,  shall,  once  in  every 
year,  commencing  on  the  first  day  of  May,  and 
.  ending  on  the  last  day  of  the  succeeding  April,  on 
his  first  coming  to  lie  with  such  vessel  or  small  craft 
at  any  of  the  docks,  wharves,  piers  or  slips  belong- 
ing to  the  Corporation  of  the  said  city,  as  a 
compensation  for  lying  at  or  within  the  same,  im- 
mediately pay  to  the  Dock-m.aster  or  to  the  per- 
son or  persons  appointed  or  to  be  appointed  by 
the  said  Corporation  to  act  as  such,  at  and  after  the 
rate  and  in  the  manner  following,  to  wit:  if  such 
first  coming  shall  happen  between  the  first  day  of 
May  and  the  last  day  of  July  inclusive,  forty  cents 


74 

per  ton  y  and  if  between  the  first  day  of  August, 
and  the  last  day  of  October  inclusive,  thirti/  cents 
per  ton;  and  if  between  the  first  day  of  November 
and  the  last  day  of  January  inclusive,  twenty  cents 
per  ton ;  and  if  between  the  first  day  of  February  and 
the  last  day  of  April  inclusive,  ten  cents  per  ton,  of 
their  respective  burthens :  and  all  vessels  not  more 
than  five  tons  burthen,  shall  pay,  as  aforesaid,  two 
dollars  on  their  first  coming  to  lie  at  any  of  the 
said  w^harves,  docks,  piers  or  slips,  after  the  first  day 
of  May  in  every  year. 

2.  And  be  it  further  ordained y  That  the  master, 
owner  or  possessor  of  each  vessel  (trading  or  coast- 
ing vessels  belonging  to  the  said  States  of  New-York, 
New- Jersey  and  Connecticut,  respectively,  except- 
ed) shall  pay  to  the  Dock-master,  or  to  the  person  or 
'persons  appointed  or  to  be  appointed  as  aforesaid, 
for  lying  at  any  or  either  of  the  said  docks,  wharves, 
piers  or  slips  belonging  to  the  Corporation  of  the 
said  city  as  aforesaid,  the  like  rates  or  fees  of  wharf- 
age as  are  or  may  be,  by  Act  of  the  Legislature  of 
the  State  of  New- York,  established  and  allowed  to 
be  taken  and  received  by  the  proprietors  of  private 
wharves  in  the  said  city  of  New- York:  and  that  if 
any  or  either  of  the  vessels  comprised  in  the  first 
section  of  this  law,  and  therein  described  as  coasters 
belonging  to  the  States  of  New-York,  New-Jersey, 
or  Connecticut  respectively,  shall  become  a  sea 
vessel  by  going  from  either  of  the  said  states  to  any 
port  or  place  beyond  sea,  such  vessel  shall  thereupon 
be  considered  as  included  in  this  second  section  of 
this  law,  and  be  subject  to  pay  the  rates  of  wharfage, 
herein  and  hereby  required  to  be  demanded  and 
taken  accordingly. 


75 

2.  A7id  he  it  further  ordained,  That  no  sloop, 
schooner,  boat  or  other  vessel,  or  small  craft  what- 
soever, shall  lie  in  any  of  the  aforesaid  slips  a  longer 
time  than  for  the  convenient  lading  and  unladmg ; 
nor  shall  lie  in  the  entrance  of  any  of  the  alx)resaid 
slips,  at  any  time,  so  as  to  shut  up  the  same,  or 
incomm.ode  any  other  sloop,  schooner,  boat  or 
other  vessel,  or  small  craft  from  coming  into  or 
going  out  of  the  same,  under  the  penalty  of  three 
dollars  for  every  tide. 

4.  J7id  be  it  further  ordained,  That  no  person 
or  persons  shall  careen  any  sloop,  schooner,  boat  or 
any  other  vessel  w^hatsoever,  at  or  within  any  of  the 
docks,  wharves,  piers,  keys  or  slips  belonging  to 
the  Corporation,  under  the  penalty  of  thr-ee  dollars 
for  every  offence,  to  be  paid  by  the  master,  owner 
or  possessor  of  such  vessel. 

5.  And  be  it  further  ordained.  That  if  any 
person  or  persons  do  cast  any  anchor,  grapHng  or 
killick  into  or  near  any  of  the  docks,  wharves,  piers, 
keys  or  slips  of  this  city,  the  person  or  persons  so 
offending,  shall  for  every  offence,  forfeit  and  pay  the 
sum  of  two  dollars:  and  if  any  person  or  persons 
shall  take  away  any  stones,  earth,  timber  or  ballast 
from,  or  throw  the  same,  or  any  oyster  shells,  ashes 
or  other  dirt  whatsoever  into,  or  keep  any  fnasts, 
yards,  spars  or  other  kind  of  timber  within  any  of 
the  docks,  wharves,  piers,  keys  or  slips  aforesaid, 
every  such  person  shall,  for  each  offence,  forfeit  and 
pay  the  sum  of  three  dollars. 

6.  And  bb  it  further  ordained.  That  if  any  shells, 
ashes,  stones  or  dirt  v/hatsoever,  shall  be  thrown 
from  any  vessel  into  any  of  the  slips  or  docks  afore- 
said, the  person  throwing  the  same,  or  the  master. 


76 

owner  or  possessor  of  such  vessel,  shall  forfeit  and 
pay,  for  each  offence,  the  sum  of  Jive  dollars. 

7.  And  be  it  further  ordained^  That  no  sloop, 
boat  or  other  vessel  whatsoever,  (except  small  craft, 
such  as  ferry-boats,  market-boats,  pettiaugers  and 
canoes)  shall  come  within  the  slip  at  the  end  of  the 
common  sewer,  which  leads  under  the  Fly-market, 
and  empties  itself  into  the  East-river,  under  the 
penalty  of  Jive  dollars  for  every  offence. 

8.  A?id  be  it  further  ordained^  That  no  boat  or 
vessel  of  any  description  whatsoever,  (except  ferry- 
boats) shall  be  allowed  to  come  into  and  lay  in 
Courtlandt-slip,  or  those  parts  of  the  Corporation- 
bason  where  Hoboken-ferry  is  kept,  or  Catharine- 
slip,  next  to  and  adjoining  that  part  of  the  respect- 
ive wharves  at  the  Corporation-bason  or  Catharine- 
slip,  where  the  ferry-boats  lie  at  or  land  their 
passengers  ^  nor  shall  lie  so  near  the  said  wharves 
respectively  as  to  incommode  the  going  into  or 
coming  out  of  the  same,  or  the  turning  of  the  ferry- 
boats respectively,  under  the  penalty  of  te?i  dollars 
for  each  offence,  to  be  paid  by  the  master,  owner 
or  possessor  of  such  boat  or  other  vessel. 

9.  Ajid  be  it  further  ordained^  That  after  the 
first  day  of  October  next,  all  market-boats,  pettiau- 
gers and  canoes,  of  not  more  than  the  burthen  of 
five  tons,  and  coming  to  any  of  the  docks,  w^harves, 
piers  or  slips  belonging  to  the  Corporation,  shall 
have  the  owner  or  owner's  name  painted  at  full 
length  in  legible  letters,  on  the  inside  of  the  stern, 
under  the  penalty  of  tivo  dollars  for  each  offence, 
to  be  paid  by  the  owmer  or  possessor  of  the  same. 

10.  A7id  be  it  further  ordained:,  That  no  sea 
Vessel  of  any  size  whatever,  nor  any  coaster,  above 


77 

the  burthen  of  one  hundred  tons,  shall  come  into, 
or  lie  at  or  within  any  of  the  docks,  wharves,  piers 
or  slips  belonging  to  the  said  Corporation,  unless 
by  special  permission  obtained  therefor  in  writing, 
from  the  Mayor,  Recorder,  or  one  of  the  Aldermen 
of  said  city,  under  the  penalty  of  ten  dollars  for 
every  twenty-four  hours  they  shall  lie  at  or  within 
the  same,  to  be  paid  by  the  owner,  master  or  other 
person  having  the  charge  of  such  vessel. 

11.  And  he  it  further  ordained^  That  in  order 
to  prevent  disputes  between  persons  using  the  said 
docks,  wharves,  piers,  keys  and  slips,  it  shall  and 
may  be  lawful  for  the  Dock-master,  or  person  or 
persons  appointed  or  to  be  appointed  by  the  Cor- 
poration to  act  as  such,  or  for  the  Mayor,  Recorder, 
or  any  one  of  the  Aldermen  of  the  said  city,  in 
person  to  give  such  orders  and  directions,  from  time 
to  time^  touching  the  lying,  fastening  and  births  of 
all  sloops,  boats,  or  other  vessels  whatsoever,  as  they 
shall  think  just  and  proper^  and  that  every  person 
refusing  to  comply  with  such  orders  and  directions, 
shall,  for  every  offence,  forfeit  and  pay  the  sum  of 
Jive  dollars, 

12.  And  be  it  further  ordained,  That  it  shall  be 
the  duty  of  the  Dock-master,  or  person  or  persons 
appointed  or  to  be  appointed  as  such  as  aforesaid, 
to  see  this  law  and  the  several  matters  therein  men- 
tioned, observed  and  duly  put  in  execution. 


78 


^^^^^ 

CHAPTER  XIX. 

A  LAW 

7b  jegiilate  the  Sale  of  Horses^  to  prevent  their 
running  loose  in  the  Streets^  and  to  prevent  Racijtg 
in  the  Streets  or  Highways  in  the  City  of  New- 
York. 

Sect  1  ordained  by  the  Mayor ^  Aldermen^ 

'  and  Commonalty  of  the  City  of  Neza- 
Yorkj  in  Common  Council  convened^  That  no  horse 
shall  be  shown  or  exposed  for  sale  in  any  of  the 
streets  of  the  said  city ;  except  at  such  places  as 
the  Common  Council  thereof  may  from  time  to 
time  appoint,  under  the  penalty  of  Jive  dollars  for 
each  offence. 

2.  And  be  it  further  ordained^  That  no  horse 
or  cow  shall  be  suffered  to  go  loose,  or  be  at  large 
in  any  of  the  said  streets;  and  if  any  horse  or  cow 
shall  be  found  therein,  without  being  held  by  a 
proper  person,  with  a  bridle,  halter,  rope  or  other 
thing,  sufficient  to  secure  such  horse  or  cow,  the 
owner,  or  person  having  the  care,  charge  or  keeping 

.  thereof,  shall  forfeit  and  pay  one  dollar  and  fifty  cents, 

3.  And  be  it  further  ordained^  That  no  person 
shall  run  or  race  any  horse,  or  start  the  same  for  the 
purpose  of  racing  in  any  public  street  or  road,  with- 
in the  citv  of  New- York. 

And  if  any  person  or  persons,  do  or  shall  start^ 
run  or  race  any  horse  contrary  to  this  law,  every 
such  person,  and  also  the  ov;ner  and  possessor  of 
such  horse,  if  he  or  she  shall  suffer  or  consent  to 


79 


such  starting,  running  or  racing,  shaJI  forfeit  and 
pay  as  a  fine,  for  each  offence,  ten  dollars;  the  one 
half  of  which  said  fine,  when  recovered  and  paid 
to  the  Treasurer  or  Chamberlain  of  this  City,  shall 
be  by  him  paid  to  the  person  or  persons  who  shall 
have  commenced  and  prosecuted  the  suit  against 
the  oflTender  :  and  that  if  any  offender  against  this 
law  shall  be  an  apprentice,  a  servant  or  a  slave,  the 
master,  mistress  or  owner  of  such  apprentice,  ser- 
vant or  slave,  shall  be  and  hereby  is  made  answer- 
able for  the  payment  of  such  fine  as  aforesaid. 


CHAPTER  XX. 

A  LAW 

To  regulate  the  passing  of  Carriages  and  Sleds^ 
meeting  each  other  in  the  Public  Streets  and 
Roads  in  the  City  of  New-York. 

Sect    1  ordained  by  the  Mayor^  Aldermen, 

and  Commonalty  of  the  City  of  New- 
York,  in  Common  Council  convened.  That  in  all 
cases  of  persons  meeting  each  other  in  carriages  or 
sleds  in  any  public  street  or  road  within  the  City 
of  New-York,  each  such  person  so  meeting,  shall 
turn  oft  and  go  to  the  left  side  of  the  street  or  road 
so  as  to  enable  such  carriages  and  sleds  so  meeting, 
to  pass  each  other,  under  the  penalty  oifve  dollars 
for  each  offence. 

2,  And  be  it  further  ordained,  That  the  propri- 
etor or  proprietors  of  such  carriages  and  sleds, 
neglecting  or  refusing  to  turn  out  and  go  to  the 


80 

left  as  above  directed,  shall,  if  present  at  the  time 
of  such  meeting,  be  adjudged  as  the  person  com- 
mitting the  said  offence;  but  if  absent,  then  the 
driver  of  such  carriage  shall  be  so  considered. 


CHAPTER  XXL 

A  LAW 

To  prevent  the  Ringing  or  Tolling  of  Bells  for 
Funerals,  in  the  City  of  Neiv-York. 

Sect  1  itordaijied  by  the  Mayor Aldermen, 

*  and  Commonalty  of  the  City  of  Neiv- 
York,  in  Common  Council  convened.  That  no  bell 
or  bells  of  any  church  in  this  city,  shall  be  rung  or 
tolled  for  any  funeral :  and  that  if  the  bell  or  bells  of 
any  church  in  this  city  shall  be  rung  or  tolled  con- 
trary to  this  law,  the  sexton  or  person  having  the 
care  or  charge  of  such  bell  or  bells,  shall  forfeit 
and  pay  the  sum  of  twenty-five  dollars  for  each 
offence. 


CHAPTER  XXII, 


A  LAW 

For  the  better  regtdating  of  Public  Porters  in  the 
City  of  Nezv-York. 

Sect  1  ordained  by  the  Mayor,  Aldermen, 

*        and  Commonalty  of  the  City  of  Neiv- 
York,  in  Common  Council  convened,  That  the  Mayor 


81 

of  the  said  city  for  the  time  being,  shall,  from  time 
to  time,  at  his  discretion,  appoint  such  and  so  many 
able  bodied  men,  being  persons  of  good  character, 
to  act  as  Porters  in  carrying  goods  from  place  to 
place  within  this  city. 

2.  And  be  it  further  ordained.  That  the  Mayor 
at  the  time  of  granting  such  licence,  shall  assign  to 
such  Public  Porters  respectively,  suitable  stands  or 
stations;  that  it  shall  be  their  duty  to  attend  at 
such  stations  at  all  reasonable  times,  for  the  purpose 
of  receiving  such  employment  as  may  be  given  to 
them  ;  and  that  it  shall  not  be  lawful  for  any  or 
either  of  them  to  attend  at  any  other  place  except 
the  stands  or  stations  assimed  to  them  resoect- 

O  1 

ively,  on  pain  of  forfeiting  his  or  their  respective 
licences. 

3.  And  be  it  further  ordained,  by  the  authority 
aforesaid.  That  it  shall  be  the  duty  of  each  of  the 
said  public  Porters,  and  they  are  hereby  respectively 
required  to  furnish  themselves  with  good  and  con- 
venient wheelbarrows,  and  one  handbarrow  for 
every  two  of  the  said  Porters,  for  the  better  carriage 
of  goods  and  articles. 

4.  And  be  it  further  ordained.  That  each  of  the 
^aid  public  Porters  shall  be  known  and  distinguish- 
ed by  numbers  from  one  progressively;  and  that 
each  of  them  respectively  shall  wear  a  badge,  on 
which  shall  be  engraved  and  specified  in  legible 
characters,  the  name  of  such  Porter  and  the  num- 
ber of  his  licence,  and  the  stand  assigned  him  : 
And  further.  That  it  shall  be  the  duty  of  the  said 
public  Porters  respectively,  to  cause  his  own  name, 
the  number  of  his  licence,  and  the  name  of  his  sta- 
tion, to  be  painted  in  legible  letters  and  figures  on 


82 

his  wheel  and  handbarrows,  on  pain  of  forfeiting 
his  licence ;  to  the  end,  that  if  any  such  public 
Porter  shall  be  guilty  of  embezzlement  or  any  other 
improper  conduct,  he  or  they  may  be  the  more 
readily  detected. 

5.  And  be  it  further  ordained^  That  the  said 
public  Porters  shall  be  entitled  to  receive  for  each 
load  which  they  shall  carry  in  a  wheelbarrow 
within  the  distance  of  half  a  mile,  the  sum  of  one 
shillings  and  for  every  additional  half-mile  one 
shilling;  and  for  all  articles  carried  in  ahandbarrow 
one  shilling  and  six-pence  for  the  first  half-mile,  and 
one  shilling  and  six-pence  for  every  additional  half- 
mile  ;  and  if  either  of  them  shall  be  guilty  of  de- 
manding a  larger  sum  than  what  is  hereby  allow- 
ed, such  public  Porter  so  offending  shall  forfeit  his 
licence. 

6.  And  he  it  further  ordained^  That  if  any  such 
public  Porter  shall  direct,  permit  or  suffer  any  other 
person  to  carry  any  goods,  wares,  articles  or  mer- 
chandizes for  him,  or  in  his  name  or  behalf,  the 
said  public  Porter  so  directing  or  permitting,  and 
the  said  person  so  carrying,  in  contravention  of  this 
ordinance,  shall  respectively  forfeit  and  pay  the 
sum  of  one  dollar  for  each  offence,  and  the  said 
public  Porter  shall  also  forfeit  and  lose  his  licence. 

7.  And  be  it  further  ordained.  That  if  any  per-^ 
son  or  persons  (other  than  a  licenced  Porter  or 
Carman)  shall  transport  or  carry  any  goods,  wares 
or  merchandize,  or  other  thing  whatsoever  for  hire, 
wages  or  any  compensation  to  or  from  any  stand 
or  station  at  which  a  public  Porter  or  Porters  are 
appointed  as  aforesaid,  and  at  a  time  they  or  either 
of  them  may  be  at  or  near  his  or  their  stand  or 


83 

Station  for  the  purpose  of  performing  their  duty  as 
aforesaid,  he  or  they  shall  forfeit  and  pay  as  a  fine, 
the  sum  of  three  dollars iox  each  offence;  and  every 
person  who  shall  so  transport  and  carry  as  aforesaid, 
shall  on  trial  be  presumed  to  have  received  hire, 
wages  or  compensation  for  so  transporting  and 
carrying,  unless  he  or  they  shall  prove  to  the  con- 
trary thereof. 

8.  A7id  be  it  further  ordained^  That  if  any  per- 
son who  shall  contravene  this  ordinance,  shall  be  a 
minor,  an  apprentice,  a  bound  or  hired  servant  or 
slave,  his  parent  or  guardian,  master,  mistress  or 
owner,  as  the  case  may  be,  shall  be  deemed  liable 
to  pay  the  penalty  so  incurred,  and  shall  and  may 
be  prosecuted  for  the  same  as  aforesaid. 


CHAPTER  XXIII. 

A  LAW 

To  prevent  the  Firing  of  Guns  in  the  City  of 

New-York. 

Sect  1  T7[7HEREAS  the  firing  of  guns  and 
^  ^  the  practice  of  fowling  in  the  pub- 
lic streets  and  in  the  roads  or  highways  in  the  vicin- 
ity of  this  city,  are  frequently  productive  of  acci- 
dents, and  dangerous  consequences  are  always  to 
be  apprehended  therefrom  : 

Be  it  therefore  ordained  by  the  Mayor ^  AlderineUy 
and  Commonalty  of  the  City  of  Nezv-Yorky  in  Com- 
mon Council  convened.  That  no  person  shall  hereaf- 
ter be  permitted  to  fire  or  discharge  any  gun,  pistol, 
fowling  piece,  or  fire-arm,  ^t  any  place  on  the 


84 

island  of  New- York,  within  the  distance  of  four 
miles  from  the  City-Hall,  under  the  penalty  o{  five 
dollars  upon  each  offender,  to  be  recovered  with 
costs.  And  if  the  person  so  offending  shall  be  a 
minor,  apprentice,  servant  or  slave,  the  said  fine 
shall  be  recoverable  from  his  falther,  mother,  master 
or  mistress,  together  with  costs. 

Provided  always^  That  nothing  contained  in  this 
ordinance  shall  be  constructed  to  extend  to  the 
reviews  or  exercises  of  any  military  company,  or  of 
the  State  Prison  Guardso 


CHAPTER  XXIV. 


A  LAW 

To  prevent  improper  Conduct  on  certain  Days^  in 
the  City  of  New-York. 

Sect  1  ordained  by  the  Mayor ^  Aldermen^ 

-ILJ  Qnd  Commonalty  oj  the  City  of  Neiv- 
York,  in  Common  Council  convened,  That  if  any 
person  shall,  on  the  seventeenth  day  of  March,  com- 
monly called  aS^^.  Patrick's  Day,  or  on  any  other 
day,  carry  or  drag  through  or  along  any  street,  alley 
or  highway  within  this  city,  or  shall  exhibit  to  pub- 
lic view  in  any  street,  alley  or  highway,  or  from  any 
window,  roof  of  any  house  or  other  building,  or 
shall  exhibit  to  public  view^  in  any  place,  or  in  any 
manner  whatsoever  within  this  city,  an  Effigy  of 
St.  Patrick,  or  any  other  Titular  Saint,  or  of  any 
person  or  persons  whomsoever,  or  any  show  of  a 
similar  kind,  whether  the  same  is  intended  as  an 
Effigy  of  St.  Patrick,  or  any  other  Titular  Saint,  or 


85 

of  any  person  or  persons,  or  whether  the  same  is 
designed  to  ridicule  such  Titular  Saint,  or  any 
person  or  persons  whomsoever,  he  or  she  shall 
forfeit  and  pay  for  each  offence,  the  penalty  of  ten 
dollars^  to  be  recovered  with  costs  of  suit. 

2.  And  be  it  further  ordained^  That  every  person 
who  shall  be  aiding,  assisting,  or  countenancing 
any  such  transaction  as  aforesaid,  shall  be  deemed 
to  have  acted  contrary  to  this  ordinance,  and  shall, 
for  each  offence,  forfeit  and  pay  the  like  penalty,  to 
be  recovered  as  aforesaid. 

3»  And  be  it  further  ordained^  That  if  any  per- 
son who  shall  contravene  this  ordinance,  shall  be  a 
minor,  an  apprentice,  a  bound  servant,  or  a  slave, 
his  or  her  parent  or  guardian,  master  or  owner,  as 
the  case  may  be,  shall  be  deemed  liable  to  pay  the 
penalty  so  incurred,  and  shall  and  may  be  prose- 
cuted for  the  same  as  aforesaid. 

CHAPTER  XXV, 
A  LAW 

To  prevent  Dogs  from  running  at  large  in  the 
City  of  New-York. 

Sect  1  ^'^  ordained  by  the  Mayor ^  Aldermen^ 

and  Commonalty  if  the  City  of  Nezo- 
York:,  i^^  Common  Council  cojivened^  That  if  any 
dog  or  dogs  shall  at  any  time  hereafter  be  found  at 
large  in  any  street,  lane,  road  or  highway  wirhin 
this  city,  the  owner  or  possessor  of  every  such  dog^ 
shall  forfeit  and  pay  the  sum  of  tivcnty-f  ve  dollars, 
for  every  day  or  part  of  a  day  such  dog  shall  be  so 


86  ^ 

found  at  large,  to  be  recovered  in  any  court  having 
cognizance  thereof,  with  costs  of  suit. 

2.  And  be  it  further  ordained ^  That  the  Attor- 
ney of  this  Board  shall  be  authorized,  after  the  re- 
covery and  receipt  of  any  penalty  under  and  by 
virtue  of  this  ordinance,  to  pay  over  to  the  person 
who  shall  give  the  said  Attorney  such  information 
of  any  offence  against  this  ordinance  as  shall  enable 
the  said  Attorney  to  prosecute  the  offender  to  judg- 
ment, such  part  thereof  not  exceeding  the  one  half 
of  the  said  penalty  so  recovered  and  received,  as 
in  his  judgment  he  shall  deem  meet  and  proper^ 


CHAPTER  XXVI. 

A  LAW 

i^9r  the  further  Establishment  of  Signal  Poles  on 

St  aten-I stand. 

Sect  1  T  71 7-HEREAS  several  of  the  Merchants 
^  ^  of  this  city  have  established  Signal 
Poles  for  the  purpose  of  discovering  the  approach 
of  vessels  into  this  harbour,  and  it  appearing  to  this 
Board  that  the  same  will  become  not  only  a  benefit 
to  the  commercial  interest  of  the  community,  but  a 
means  of  public  safety^  And  lohereas  this  Board 
has  thought  it  proper  to  take  the  same  under  its 
own  direction,  and  the  Governor  of  this  state  hav- 
ing signified  his  consent  that  the  public  ground  on 
Staten-Island,  belonging  to  the  state,  may  be  used 
for  that  purpose  : 

Therefore^  be  it  ordaiiied  by  the  Mayor ^  Aldermen^ 
and  Commonalty  of  the  City  of  Nexv-York^  in  Com- 


87> 

mon  Council  conveiied;^  That  the  establishment  of 
such  flag  or  signal  staffs  as  aforesaid,  shall  be  placed 
under  the  management  and  direction  of  the  Comp- 
troller of  this  city,  who  is  hereby  authorized,  from 
time  to  time,  to  make  such  orders  for  the  regulation 
and  disposition  of  the  same,  and  also  with  respect 
to  the  signs  and  signals  to  be  used,  as  he  may  deem 
most  proper. 

2.  And  be  it  further  ordained,  That  a  suitable 
person  shall  be  appointed  by  the  said  Comptroller 
to  have  charge  of  the  same,  and  to  make  such 
signals  with  respect  to  the  arrival  of  vessels  of 
every  description  ^as  the  said  Comptroller  shall  di- 
rect ;  and  that  for  such  services  he  shall  receive  a 
salary  of  three  hundred  and  thirty  dollars  per  annum 
payable  quarterly,  and  to  commence  from  the  first 
day  of  May  next. 

3.  And  be  it  further  ordained^  That  no  pole, 
staff  or  signal  shall  hereafter  be  made  or  erected 
unless  by  the  consent  of  the  said  Comptroller;  and 
that  every  person  who  has  or  shall  erect  a  flag  or 
signal-staff  at  the  place  aforesaid,  shall  pay  for  the 
same  in  advance  to  the  person  to  "be  appointed  bv 
this  Board  to  take  charge  of  the  same,  the  sum  of 
twelve  dollars  and  fifty  cents  per  annum;  and  when 
two  persons  shall  hoist  their  flags  or  signals  on 
the  same  staff,  each  of  them  shall  pay  in  advance 
as  aforesaid  the  sum  of  seven  dollars  and  fifty  cents 
per  annum  ;  and  whenever  three  or  more  persons 
shall  hoist  flags  or  signals  on  the  same  staff,  each 
of  them  shall  pay  in  advance  as  aforesaid,  such 
sum  as  the  Comptroller  of  this  city  for  the  time 
being  shall  direct. 


88 


CHAPTER  XXVII 


A  LAW 

To  Appoint  a  Comptroller  of  the  City  of  New-York. 

Sect  I  ordained  by  the  Mayor,  Aldermen, 

and  Commonalty  of  the  City  of  Nezv- 
Yoi  'k,  in  Common  Council  convened,  and  it  is  hereby 
ordained  by  the  authority  aforesaid,  That  a  discreet 
freeholder  of  this  city  shall  be  appointed  by  this 
Board,  to  be  called  and  known  by  the  name  of  the 
Comptroller  of  the  City  of  New- York. 

2.  And  be  it  further  ordained.  That  it  shall  be 
the  duty  of  the  said  Comptroller  to  examine  and 
to  liquidate  all  claims,  and  to  audit  all  accounts 
against  this  Corporation  in  all  cases  whatever,  and 
to  report  the  same  to  the  Board  at  each  subsequent 
meeting,  for  its  order  in  the  premises,  and  also  to 
countersign  all  warrants  to  be  drawn  on  the  Cham- 
berlain  or  Treasurer  of  the  City,  for  the  payment 
of  all  monies  directed  by  the  Board  ;  and  in  case 
where  the  Comptroller  cannot  adjust  the  same 
without  the  interference  of  the  Board,  he  shall 
examine  such  claim  and  report  the  facts  concerning 
it  with  his  opinion  thereon,  and  fo  examine,  adjust 
and  settle  the  accounts  of  all  persons  indebted  to 
this  Corporation,  and  to  call  on  public  officers  and 
others  entrusted  with  money,  or  who  shall  have 
received  any  monies  for  this  Corporation,  and  shall 
not  have  accounted  for  the  same  as  they  ought  to 
have  done,  and  to  take  charge  of  all  the  real  estate 


of  this  Corporation,  and  to  report  any  encroach- 
ments made  thereon,  and  to  inquire  into  any  ar- 
rearages due  for  back  rents  or  otherwise,  and  to 
take  charge  of  all  the  title  deeds,  bonds  or  evi- 
dences of  debts  due  or  belonging  to  this  Corpo- 
ration. 

3.  And  be  it  further  ordained^  That  the  said 
Comptroller  shall  keep  a  regular  set  of  books  by 
way  of  double  entry,  in  which  shall  be  kept  an 
account  of  all  monies  received  and  paid  out  for  the 
Corporation,  and  shall  cause  to  be  opened  in  such 
books  as  many  accounts  under  appropriate  titles, 
as  may  be  necessary  to  show  distinctly  and  sepa- 
rately the  expenditures  and  receipts  upon  each 
important  object,  and  shall  exhibit  a  balance  sheet 
of  such  books  to  the  Common  Council,  at  least 
once  in  every  six  months,  and  shall  keep  one  other 
book  in  which  shall  be  entered  particularly,  the 
whole  objects  of  revenue  of  every  description  be- 
longing to  the  Corporation. 

4.  And  be  it  further  ordained.  That  the  Comp- 
troller shall  cause  a  certificate  to  be  transmitted  to 
every  person  who  may  now  be  or  hereafter  may 
become  indebted  to  this  Corporation,  showing  the 
amount  of  such  debt  and  directing  the  payment  of 
such  balance  to  the  Chamberlain,  and  upon  default 
in  the  payment  thereof  by  such  debtor,  to  report 
the  same  to  the  Board,  that  a  suit  may  be  com- 
menced thereon. 

5.  A72d  be  it  further  ordained.  That  the  Cham- 
berlain shall  once  in  every  week,  lodge  all  monies 
to  be  received  by  him  in  the  intermediate  time,  in 
the  Bank  of  New-York,  and  shall  thereupon  make 
a  return  thereof  to  the  Comptroller,  stating  the 

M 


90 

amount  for  what  and  from  whom  he  may  so  have 
received  such  sums. 

6.  Jiid  be  it  further  ordained^  That  the  Comp- 
troller and  Chamberlain  shall  respectively  keep  an 
office,  and  shall  respectively  open  and  attend  the 
same  daily,  (Sunday  excepted)  that  is  to  say,  the 
Comptroller's  Office  shall  be  open  for  the  transac- 
tion of  business  five  hours  in  each  day,  and  the 
Chamberlain's  Office  shall  be  open  three  hours  in 
each  day,  for  the  same  purpose,  of  which  they 
shall  respectively  give  notice  to  the  public,  that 
those  having  business  with  them  may  with  cer- 
tainty know  where  and  when  to  meet  to  transact 
the  same. 

7.  And  he  it  further  ordained^  That  the  Comp- 
troller shall  be  allowed  as  a  compensation  for  his 
services  a  salary  oi  fifteen  hundred  dollars^  payable 
quarterly, 

8.  And  be  it  further  ordained^  That  it  shall  be 
the  duty  of  the  Comptroller  to  attach  to  every 
grant  hereafter  to  be  made  or  heretofore  ordered  by 
this  Board,  and  not  yet  delivered  to  the  grantee,  a 
survey  of  the  ground  so  to  be  conveyed,  to  which 
survey  a  reference  shall  be  made  in  such  grant. 

9.  And  be  it  further  ordained^  That  the  Clerk 
shall,  on  the  day  succeeding  each  meeting  of  the 
Board,  deliver  to  the  Comptroller  a  certified  copy 
from  the  minutes  of  the  Board, ,  the  sums  ordered 
to  be  paid. 

10.  And  be  it  further  ordained^  That  the  Cham- 
berlain shall  be  allowed  a  salary  oi  five  hundred 
dollars  per  annum,  to  be  paid  quarterly,  in  lieu  of 
his  commissions  upon  money  raised  by  tax  for  the 
use  of  the  city  and  county  of  New-York,  and  as  a 


91 

compensation  for  his  services  over  and  above  any 
compensations  on  monies  v^hich  he  may  receive  in 
cases  v^here  administration  is  granted  to  him  as 
Chamberlain  under  the  act  passed  the  27th  March^ 
1801. 


CHAPTER  XXVIIL 

A  LAW 

For  the  better  Regulation  of  the  City  W atch,  and 
for  the  Division  of  the  City  into  Districts  for 

that  Purpose. 
Sect   1  ordained  by  the  Mayor ^  Alderinen^ 

and  Commonalty  of  the  City  of  New- 
Yorky  in  Common  Council  convened^  That  the  Com- 
mon Council  shall  appoint  six  persons  being  citi- 
zens of  the  State  of  New-York^  and  Inhabitants 
and  Householders  of  fne  City  of  New-York^  to  be 
AVatchmen  of  the  City  of  New-York,  who  shall  be 
denominated  Captains  of  the  Night-watch/'  and 
to  have  the  command  of  the  other  Watchmen  of 
the  said  city  to  be  appointed  by  the  Common  Coun- 
cil from  time  to  time  as  hereafter  mentioned. 

2,  And  be  it  further  ordained  by  the  authority 
aforesaidy  That  the  Common  Council  shall  ap- 
point such  other  persons,  being  Citizens  of  the 
State  of  New- York  and  Inhabitants  and  House- 
holders of  the  City  of  New- York,  to  be  Watch- 
men of  the  City  of  New- York,  not  to  exceed  one 
hundred  and  sixty-six  in  number,  who  shall  be 
under  the  command  and  direction  of  the  Captains 
of  the  Night-watch,  according  to  the  rules  and 
regulations  of  this  ordinance,  or  such  other  rules 


92 

and  regulations  as  the  Common  Council  shall 
from  time  to  time  adopt  in  relation  thereto. 

3.  And  be  it  further  ordained  by  the  authority 
aforesaid.  That  the  city  of  New- York  shall  be  di- 
vided by  the  Common  Council  into  three  districts, 
for  the  better  disposition,  employment  and  regula- 
tion of  the  Watchmen,  and  there  shall  be  assigned 
to  each  of  the  said  districts,  two  of  the  said  Cap- 
tains and  such  number  of  other  Watchmen  as  the 
Common  Council  shall  from  time  to  time  think 
proper. 

4.  And  be  it  further  ordained  by  the  authority 
aforesaid.  That  it  shall  be  the  duty  of  the  said 
Captains,  to  fix  the  stations  or  rounds  of  the  Watch- 
men within  the  district  which  shall  be  assigned  to 
them  respectively,  to  prescribe  the  duties  ,  of  the 
Watchmen  under  their  commands  respectively,  and 
to  see  that  those  duties  be  faithfully  executed,  and 
when  on  duty,  to  visit  each  of  the  fixed  stations  of 
the  Watchmen  under  his  command,  at  least  once 
every  night,  in  order  to  discover  whether  the  Watch- 
men within  his  district  do  not  unnecessarily  quit 
their  stations  nor  sleep  while  at  their  posts. 

5.  A7id  be  it  further  ordained  by  the  authority 
aforesaid^  That  if  either  of  the  said  Captains  shall 
neglect  to  perform  any  of  the  duties  required  of 
them  by  this  ordinance  or  which  shall  be  hereafter 
required  of  them  by  the  Common  Council,  he  shall 
be  immediately  removed  from  office  and  another 
fit  person  appointed  in  his  stead. 

6.  And  be  it  further  ordained  by  the  authority 
aforesaid.  That  if  either  of  the  Watchmen  under 
the  command  of  the  said  Captains,  shall  refuse  or 
neglect  to  perform  any  of  the  duties  assigned  him 


by  the  Captain  under  whose  command  such  Watch 
man  shall  then  be,  or  shall  be  found  sleepmg  on 
his  post  or  unnecessarily  absent  therefrom,  or  shall 
be  intoxicated  while  on  duty,  or  shall  be  guilty  of 
any  disorderly  behaviour,  he  shall  be  immediately 
removed  from  office  and  another  fit  person  appoint- 
ed in  his  stead. 

7.  Ajid  be  it  further  ordained  by  the  authority 
aforesaid^.  That  each  of  the  said  Captains  shall 
have  power  and  they  are  hereby  required,  whenever 
in  their  opinion  any  of  the  AVatchmen  under  their 
respective  commands  shall  be  guilty  of  any  mis- 
conduct or  default,  to  suspend  them  from  further 
duty  as  Watchmen,  until  the  pleasure  of  the  Com- 
mon Council  shall  be  known  in  the  premises. 

8.  And  be  it  further  ordained  by  the  authority 
aforesaid^  That  one  of  the  said  Captains  assigned 
to  each  district  shall  give  his  personal  attendance 
for  commanding  and  governing  the  other  Watch- 
men assigned  to  the  said  district,  every  other  night, 
unless  prevented  by  sickness,  unavoidable  accident, 
or  necessary  business,  in  which  case  some  one  of 
the  other  Captains  on  due  notice  shall  attend  in  his 
stead  and  do  the  necessary  duties. 

9.  And  be  it  further  ordained  by  the  authority 
aforesaid^  That  the  several  Watchmen  besides  the 
two  Captains  shall  do  duty  in  the  respective  dis- 
tricts assigned  to  them  particularly;  but  in  case  of 
a  riot,  disorder  or  other  needful  occasion,  they  or 
so  many  of  them  as  shall  be  directed,  shall  assist  the 
Watchm.en  in  the  other  districts  when  required. 

10.  And  be  it  further  ordained  by  the  authority 
aforesaid^  That  the  Captain  of  each  district  who 
shall  command  the  Watchmen  of  that  district  at 


94 

night,  shall  the  next  morning  as  early  as  conveni- 
ently may  be,  make  return  into  the  office  of  the 
Justices  of  Police  in  this  City,  according  to  the 
forms  to  be  furnished  by  the  Clerk  of  this  City  to 
the  Captains  respectively,  the  number  and  names 
of  those  Watchmen  v^ho  have  served  under  hisr 
command  the  night  preceding,  together  with  the 
number  and  names  of  the  defaulters  (if  any)  w^ith 
the  reason  of  such  default  if  he  knows  or  can  ascer- 
tain the  same. 

1 1 .  Aiid  be  it  further  ordained  by  the  authority 
aforesaid^  That  each  of  the  said  Captains  shall 
keep  in  a  book,  to  be  provided  for  that  purpose,  a 
copy  of  every  such  return  by  him  made  into  the 
office  of  the  said  Justices  of  Police  as  aforesaid, 
and  shall  exhibit  the  same  for  the  information  of 
the  Common  Council  when  required. 

12.  Ajid  be  it  further  ordained  by  the  authority 
aforesaid^  That  it  shall  be  the  duty  of  the  said  Cap- 
tains to  report  to  the  Mayor,  Recorder,  or  one  of 
the  Aldermen  of  the  citv  of  New- York  without 
delay,  the  name  of  every  Watchmen  under  his  par- 
ticular command,  w^ho  shall  be  intoxicated  while 
on  duty,  or  shall  in  any  manner  misbehave  himself 
or  neglect  any  of  the  duties  required  of  him,  or  shall 
wilfully  or  unnecessarily  absent  himself  from  duty, 
to  the  end,  that  such  Watchman  may  be  dismissed 
from  office;  and  if  any  Captain  shall  neglect  so  to 
do,  he  shall  forfeit  his  office  and  be  removed  there- 
from by  the  Common  Council ;  and  the  said  Cap- 
tains respectively  shall  from  time  to  time  and  with- 
out delay,  report  to  the  Common  Council,  every 
vacancy  happening  in  the  number  of  Watchmen 
under  his  command  by  death  or  otherwise  (except 


95 

such  as  shall  be  removed  by  the  Common  Council) 
with  the  name  or  names  of  such  as  shall  wish  to 
become  Watchmen  to  supply  such  vacancy. 

IS.  And  be  it  further  or  darned  by  the  authority 
aforesaid.  That  each  Captain  shall  be  entitled  to 
receive  one  dollar  and  fifty  cents,  for  every  night's 
Actual  service  in  that  capacity^  and  the  other  ser- 
vices hereby  required  of  him;  and  each  of  the  other 
Watchmen  shall  be  entitled  to  receive  seventy  cents 
for  each  night's  actual  service  in  that  capacity. 

14.  And  be  it  further  ordained  by  the  authority 
aforesaid,  That  the  Watchmen  shall  be  obliged  to 
receive  into  their  custody  and  detain  until  the  next 
morning,  and  until  discharged  or  committed  by  the 
proper  authority,  every  person  apprehended  and 
delivered  to  them  for  any  offence  whatsoever  after 
eight  of  the  clock  in  the  evening  of  each  day. 

15.  And  be  it  further  ordained  by  the  authority 
aforesaid.  That  one  of  the  said  Watch  Districts 
shall  comprehend  all  that  part  of  the  city  situate 
to  the  southward  and  westward  of  a  line  begin- 
ning at  the  North-river  at  the  lower  end  of  Barclay- 
street,  and  running  up  the  middle  of  Barclay-street 
to  Broadway,  and  from  thence  across  to  the  head 
of  Beekman-street,  thence  down  the  middle  of 
Beekman-street  to  Pearl-street,  from  thence  down 
Pearl-street  to  Beekman-slip,  and  thence  down  the 
middle  of  Beekman-slip  to  the  East-river ;  which 
shall  be  denominated  the  First  District:  that  another 
of  the  said  Watch  Districts  shall  comprehend  all 
that  part  of  the  city  situate  to  the  northward  and 
eastward  of  a  line  beginning  at  the  East-river, 
at  the  middle  of  Beekman-slip,  and  running  from 
tlience  up  to  the  middle  of  Pearl-street^  from  thence 


96 

up  the  middle  of  Pearl-street  to  the  middle  of  Beek- 
man-street,  from  thence  up  the  middle  of  Beekman- 
street  to  the  middle  of  Chatham-row,  from,  thence 
up  the  middle  of  Chatham-row  to  the  middle  of 
Orange-street,  thence  up  the  middle  of  Orange-street 
to  Cross-street,  and  thence  northerly  on  the  East  side 
-of  the  Fresh-water,  as  far  out  as  the  Watch  shall 
be  placed  or  directed  to  do  duty  so  as  to  compre- 
hend all  the  northeasterly  part  of  the  city  where  the 
Night-watch  shall  be  required  to  stand  or  patrole 
from  time  to  time  ;  which  shall  be  denominated 
<the  Second  District ;  and  that  the  other  district 
shall  comprehend  all  the  residue  of  the  city  as  far 
•^out  to  the  northward  and  westward  as  the  Night- 
\vatch  shall  be  placed  or  directed  to  do  duty  by 
standing  at  fixed  stations  or  patrolling,  and  shall 
be  der^ominated  the  Third  District. 

16.  A7id  be  it  further  ordained  by  the  authority 
aforesaid^  That  sixty-eight  Watchmen  besides  the 
Captains  shall  be  assigned  to  and  do  duty  in  the 
first  district,  and  fifty-four  Watchmen  besides  the 
Captains  shall  be  assigned  to  and  do  duty  in  the 
second  district,  and  forty-four  Watchmen  besides 
the  Captains  shall  be  assigned  to  and  do  duty  in 
the  third  district. 

17.  And  be  it  further  ordained  by  the  authority 
aforesaid.  That  each  Captain  and  every  other 
Watchman  shall  for  the  purpose  of  preserving  the 
peace  and  good  government  of  the  city,  obey  all 
orders  for  that  purpose,  given  by  the  Mayor,  Re- 
corder, or  either  of  the  Aldermen  of  the  said  city 
for  the  time  being,  and  also  of  the  Justices  of  the 
Police  or  either  of  them,  on  pain  of  removal  from 
office. 


97 


CHAPTER  XXIX. 
A  LAW 

Relating  to  Fersons  Licenced  by  the  Mayor ^  to  retail 
Spirituous  Liquors^  under  the  Charter  of  the 
City  of  New-York^  and  also  to  Boarding-house 
Keepers. 

Sect  1  T^"^^^  ordained  by  the  Mayor ^  Aldermen^ 
ajid  Commonalty  of  the  City  of  New- 
York^  in  Common  Council  convenedy  That  every 
person  or  persons  licenced  by  the  Mayor  of  the 
said  city,  to  keep  a  tavern,  inn,  ordinary  or  victual- 
ling-house, and  to  sell  wine,  brandy,  rum,  strong 
waters,  cyder,  beer,  ale  or  any  other  sort  of  ex- 
ciseable  or  strong  liquors,  by  the  retail  or  small 
measure  shall,  within  ten  days  thereafter,  place  up 
in  front  of  his,  her  or  their  house,  shop  or  store, 
a  show-board  or  sign,  with  his,  her  or  their  name  or 
names  at  full  length,  and  also  such  appropriate 
word  or  words  to  denote  they  are  licenced  to  retail 
spirituous  liquors  to  be  drank  in  their  house;  and  if 
any  person  or  persons  shall  neglect  so  to  do,  he,  she 
or  they  shall  forfeit  and  pay  as  a  fine  the  sum  of 
one  dollar  for  the  first  oflfence,  and  for  every  sub- 
sequent offence  the  sum     five  dollars, 

2.  And  be  it  further  ordained^  That  the  Attorney 
of  this  Board,  shall  be  authorized,  after  the  recovery 
and  receipt  of  any  penalty  under  and  by  virtue  of  this 
ordinance,  or  of  any  penalty  under  and  by  virtue  of 
the  Charter  of  this  city  for  retailing  liquors  with- 
out the  licence  of  the  Mayor,  to  pay  over  to  the 


98 

person  who  shall  give  the  said  Attorney  such  in- 
formation of  any  offence  against  this  ordinance,  or 
the  said  Charter,  as  shall  enable  the  said  Attorney 
to  prosecute  the  offender  to  judgment,  such  part 
thereof  not  exceeding  one  half  part  of  the  said 
penalty  so  recovered  and  received,  as  in  his  judg- 
ment he  shall  deem  meet  and  proper. 

3.  J?id  be  it  further  ordained  by  the  authority 
aforesaid^  That  every  tavern-keeper,  victualler  or 
other  person,  who  shall  receive  any  person  as  a 
lodger  or  boarder  in  his  or  her  house,  shall  within 
two  days  thereafter,  make  a  return  to  the  Police 
Office  in  the  said  city,  of  the  name  and  description 
of  such  boarder  or  lodger,  according  to  printed 
forms  which  shall  be  furnished  at  the  said  office ; 
and  every  person  neglecting  to  make  such  return, 
shall  for  every  offence,  forfeit  and  pay  the  sum  of 
tioenty-five  dollars,  except  such  neglect  shall  pro- 
ceed from  a  refusal  of  any  boarder  or  lodger  to 
give  the  necessary  information  to  make  such  return; 
and  the  name  of  the  person  so  refusing  be  reported 
to  the  said  Police  Office  without  delay. 

4.  And  be  it  further  ordained.  That  every  person 
w^ho  shall  refuse  to  give  any  information  respecting 
him  or  herself,  as  may  be  necessary  to  enable  any 
tavern-keeper,  victualler  or  other  person  to  make 
such  return,  shall  forfeit  and  pay  the  sum  of  twenty- 
five  dollars. 

Provided  always.  That  the  two  preceding  sec- 
tions shall  not  extend  to  persons  who  have  for  more 
than  one  month  resided  in  the  City  of  New- York, 
and  may  have  removed  their  lodgings  in  the  said 
city,  nor  shall  it  extend  to  any  tavern-keepers,  vic- 
tuallers x3r  other  person  or  persons,  except  in  those 


99 

cases  where  they  receive  any  person  to  lodge  or 
board  for  compensation,  to  be  paid  by  such  board- 
er or  lodger,  or  other  person,  for  him  or  her;  and 
every  tavern-keeper,  victualler  or  other  person  upon 
trial  shall  be  presumed  to  have  or  be  entitled  to 
receive  compensation,  unless  he  or  she  shall  prove 
to  the  contrary. 


CHAPTER  XXX. 

A  LAW 

Fo7*  regulating  Fences  in  the  City  of  Neio-York. 

Sect  1  ordained  In;  the  Mayor ^  Aldermen^ 

*        and  Commonalty  of  the  City  of  New- 
Yorkj  in  Common  Council  convened^  That  all  par- 
tition-fences in  the  city  of  New- York  shall  be 
made  and  maintained  by  the  ow^ners  of  the  land  on 
each  side ;  each  party  to  make  and  keep  in  repair 
one  half  part  thereof  when  it  can  be  conveniently 
divided :  and  if  any  dispute  shall  arise  concerning 
the  division  of  the  fence  between  the  parties,  or 
what  part  of  it  shall  be  made  and  repaired  by  each 
respectively,  or  concerning  the  sufficiency  of  any 
such  partition-fence,  or  the  sufficiency  of  any  other 
fence  in  the  city  of  New- York,  every  such  dispute 
shall  be  determined  by  the  Alderman  for  the  time 
being  of  the  ward  in  which  such  partition  or  other 
fence  shall  be  situated  ;  and  where  any  partition- 
fence  cannot  be  conveniently  divided,  the  same  shall 
be  made  and  kept  in  repair  at  the  joint  and  equal 
expense  of  the  owners  of  the  land  on  each  side  ; 


100 


and  if  any  person  who  ought  to  make  and  repair 
any  part  of  any  such  partition-fence,  shall  refuse  or 
neglect  to  do  it  for  six-days  after  request  made  to 
him  or  to  her  to  do  it^  then  it  shall  be  lawful  for 
the  person  who  ought  to  make  and  repair  the  other 
part  thereof,  to  make  or  repair  the  whole,  and  to 
recover  one  half  of  the  expense  thereof  from  the 
person  who  ought  to  have  made  or  repaired  the 
half  of  such  fence. 


CHAPTER  XXXI. 


A  LAW 


To  prevent  the  setting  of  Fences  or  other  Obstruc- 
tions in  the  River^  zvithin  the  limits  and  juris- 
diction  of  the  City  of  New-York. 

Sect  1  T^^^'^  ordained  by  the  Mayor^  Aldermen^ 
*  -LP  and  Commonalty  of  the  City  of  Netv- 
York,  in  Common  Council  convened^  That  no  per- 
son shall  set  or  place  any  fence  or  stake,  or  any 
other  thing  whatsoever,  in  any  part  of  the  rivers 
or  bays  within  the  limits  and  jurisdiction  of  the 
said  city,  by  which  the  navigation  of  the  said  rivers 
or  bays,  or  the  casting  or  drawing  of  seins  or  nets 
for  the  taking  of  fish  may  be  interrupted  or  ob- 
structed ^  and  if  any  person  shall  set  or  place  any 
fence  or  stake,  or  any  other  thing  whatsoever,  in 
any  part  of  the  said  rivers  or  bays,  contrary  to  this 
law,  such  person  shall,  on  conviction,  forfeit  and 
pay  as  a  fine  for  each  offence,  the  sum  of  tiventy 
dollars.    And  further.  That  it  shall  be  lawful  for 


101 


any  person  to  take  up  and  remove  any  such  fence 
or  stake,  or  other  thing  which  may  at  any  time 
be  found,  set  or  placed  contrary  to  this  law  m 
aforesaid. 


CHAPTER  XXXII. 

A  LAW 

jFor  procuring  regular  Bills  of  Mortality  in  the 
City  of  New-York.  Passed  23d  of  May,  1803. 

Sect  1  ^  ordained  by  the  Mayor,  Aldermen, 
and  Cojnmonalty  of  the  City  of  Neiv- 
York,  in  Common  Council  convened.  That  the  Sex- 
tons or  other  persons  having  charge  of  any  ce- 
metery, vault  or  burying-ground  within  this  city, 
shall  keep  a  register  of  the  persons  buried  in  such 
cemetery,  vault  or  burying-ground,  according  to  a 
form  herein  after  mentioned  and  described,  which 
shall  be  open  to  the  inspection  and  examination  of 
any  person  or  persons  w^ho  m.ay  request  a  view'  of  the 
same,  at  all  seasonable  and  proper  hours,  under  the 
penalty  of  twenty-five  dollars  for  every  day  he  shall 
so  neglect  to  keep  or  refuse  to  permit  any  person  or 
persons  to  have  a  view  of,  or  inspect  the  same. 

2.  And  be  it  further  ordained.  That  it  shall  be 
the  duty  of  the  said  Sextons  or  other  persons  as 
aforesaid,  before  the  hour  of  eleven  o'clock  in  the 
forenoon  of  Saturday  in  every  week,  accorduig  to 
the  form  herein  after  mentioned  and  described,  to 
return  the  account  of  the  persons  buried  in  the 
preceding  week,  w^ith  the  particulars  mentioned 
and  required  in  the  said  form,  signed  by  them  re- 


102 

spectively,  to  the  said  Clerk  at  his  office,  under  the 
penalty  of  twenty-five  dollars  for  each  neglect  to 
return,  or  for  making  an  informal  or  incomplete 
return,  unless  the  said  Sexton  or  other  person  as 
aforesaid  shall  render  a  reasonable  excuse  to  the 
said  Clerk  for  making  such  informal  or  incomplete 
return ;  and  if  no  person  shall  have  been  buried, 
then  also  to  make  report  thereof  at  the  time  before 
mentioned,  to  the  said  Clerk,  under  the  like  penal- 
ty of  trventy-five  dollars  for  each  neglect ;  and  it 
is  hereby  made  the  duty  and  enjoined  on  the  said 
Clerk,  to  make  report  of  every  delinquent  Sexton 
or  other  person  as  aforesaid  to  the  Attorney  of  this 
Board,  that  the  said  delinquent  may  be  prosecuted 
therefor. 

3.  And  be  it  further  ordained^  That  it  shall  be  the 
duty  of  the  said  Clerk  to  furnish  to  the  said  Sextons 
or  other  persons  as  aforesaid,  upon  application  at 
his  office,  copies  of  the  said  form  ;  and  shall  also 
cause  to  be  published  on  the  Monday  in  every 
v^eek  in  two  of  the  daily  papers  printed  in  this  city^ 
an  accurate  list  of  the  deaths  of  the  preceding  week 
so  reported  as  aforesaid,  with  the  age  and  disease 
of  each  person  so  dying,  and  where  buried.  Ayid 
also,  On  the  first  meetings  of  this  Board  in  the 
months  of  May  and  November,  cause  the  reports 
so  made  by  the  respective  Sextons  to  be  exhibited 
to  this  Board. 


103 


.12 


Co 

Si 


a 


CHAPTER  XXXIII. 

A  LAW 

To  regulate  the  Sales  at  Auction  hi  the  City  of 
New-York.  ^  Passed  23d  of  May,  1803. 

Sect  1  ^^^^^^^^d,  by  the  Mayor,  Jldermejiy 

'  and  Commonalty  of  the  City  of  New- 
York,  in  Common  Council  convened.  That  no  goods, 
wares  or  merchandize,  or  other  thing  whatsoever, 
shall  be  placed  and  there  sold  or  exposed  to  sale 
in  any  street,  road,  lane  or  highway,  or  any  wharf 
or  pier  in  the  city  of  New- York,  by  any  Auctioneer 
or  Auctioneers,  his  or  their  Servants  or  Agents,  ex- 
cept between  the  hours  of  nine  o'clock'in  the  fore- 
noon and  one  o'clock  in  the  afternoon  of  each  day 
in  the  week,  and  at  the  places  herein  after  men- 
tioned and  appointed,  under  the  penalty  of  twenty 
five  dollars  for  the  sale  of  each  article  or  for  any 
article  exposed  to  sale. 

2.  And  be  it  further  ordained.  That  it  shall  and 
may  be  lawful  for  the  said  Auctioneers  to  sell  or 
expose  for  sale  at  auction  on  any  wharf  in  South- 
street,  between  the  centre  and  outer  edge  of  the 
said  wharf,  or  in  Wall-street  between  Pearl-street 
and  Front-street,  all  spirituous,  vinous  or  malt 
liquors  and  cyder  by  the  pipe,  hogshead,  or  other- 
wise ;  sugar,  molasses,  flour,  beef,  pork,  or  fish  ; 
ship  furniture,  tackle  and  apparel ;  and  all  goods, 
wares  and  merchandize  saved  from  shipwrecks. 

3.  And  be  it  further  ordained.  That  it  shall  and 
may  be  lawful  for  the  said  Auctioneers  to  sell  or 


105 


expose  for  sale  at  auction,  in  Peck-slip,  between 
Pearl-street  and  Water-street ;  in  Beekman-slip,  be- 
tween Water-street  and  Front-street ;  in  Burling- 
slip,  between  Pearl-street  and  Front-street ;  in  the 
Old-slip,  between  Water-street  and  Front-street  y  in 
Broad-street,  between  Front-street  and  South-street ; 
and  in  Vesey-street,  between  Greenwich-street  and 
Church-street ;  household  furniture  of  every  de- 
scription, and  all  and  every  other  thing  whatsoever, 
(except  such  things  as  are  mentioned  in  the  preced- 
ing and  subsequent  sections.) 

4.  And  he  it  further  ordained^  That  it  shall  and 
may  be  lawful  for  the  said  Auctioneers  to  sell,  or 
expose  for  sale  at  auction,  in  the  square  commonly 
called  Chatham-square  at  the  new  Watch-house, 
carriages,  horses,  and  animals  of  every  description 
whatever. 

5.  And  be  it  further  ordained^  That  it  shall  not 
be  lawful  for  any  of  the  said  Auctioneers  to  put  or 
place  any  thing  to  be  sold  as  aforesaid  in  any  one 
of  the  places  aforesaid,  before  eight  o'clock  in  the 
forenoon  of  the  day  of  sale;  and  every  thing  so  sold 
as  aforesaid  shall  be  removed  by  the  purchaser  or 
purchasers  thereof  (unless  the  Auctioneer  shall  neg- 
lect or  refuse  to  deliver  the  same)  before  the  hour 
of  three  o'clock  in  the  afternoon  of  the  same  day, 
under  the  penalty  of  twelve  dollars  and  f fly  cents 
for  each  offence :  And  further^  If  any  of  the  said 
Auctioneers  shall  neglect  or  refuse  to  deliver  to  the 
purchaser  or  purchasers  any  article  which  may  have 
been  sold,  and  shall  neglect  to  remove  the  same, 
or  shall  neglect  or  refuse  to  remove  any  thing  not 

iold  before  tbe  time  last  mentioned,  he  shall  forfeit 

o 


^nd  pay  the  sum  of  twelve  dollars  and  fifty  cents 
for  each  offence. 

6.  And  be  it  further  ordained^  That  the  side- 
walks adjoining  the  said  places  shall  remain  unin- 
cumbered; that  a  cartway  or  passage  for  horses 
and  carriages  shall  be  left  and  kept  open  in  the 
middle  or  centre  of  each  of  the  said  streets,  that 
the  intersection  of  the  said  streets  shall  also  remain 
free  and  unincumbered;  and  if  any  Auctioneer  or 
Auctioneers  shall  incumber  or  obstruct  any  walk, 
street  or  wharf,  except  as  before  mentioned,  he 
or  they  shall  forfeit  and  pay  ten  dollars  for  each 
offence. 

7.  And  be  it  further  ordained^  That  no  Bellman 
or  Crier  shall  be  employed  at  any  auction  at  the 
places  before  mentioned,  or  at  any  auction  at  the 
residence  of  the  respective  x^uctioneers ;  and  every 
person  acting  as  Bellman  or  Crier,  at  any  auction 
as  aforesaid,  and  every  Auctioneer  employing,  per- 
mitting or  suffering  any  person  to  act  as  Bellman 
or  Crier,  shall  respectively  forfeit  and  pay  the  sum 
o{  free  dollars  for  each  offence. 

8.  And  be  it  further  ordained^  That  the  Attor- 
ney of  this  Board  shall  be  authorized,  after  the  re- 
covery and  receipt  of  any  penalty,  under  and  by 
virtue  of  this  ordinance,  to  pay  over  to  the  person 
who  shall  give  the  said  Attorney  such  information 
of  any  offence  against  this  ordinance  as  shall  en- 
able the  said  Attorney  to  prosecute  the  offender  to 
judgment,  such  part  thereof,  not  exceeding  one 
third  part  so  recovered  and  received,  as  in  his  judg- 
ment he  shall  deem  meet  and  proper. 


107 


CHAPTER  XXXIV. 

A  LAW 

To  regulate  Ferries  between  the  City  of  New-York 
and  the  opposite  Shores.  Passed  23d  of  May, 
1803, 

Sect  1  '^^  ordained  by  the  Mayor ^  Aldermen, 

-^-^  and  Commonalty  of  the  City  of  New- 
York,  in  Common  Council  convened.  That  no  person 
or  persons  whomsoever,  except  he  or  they  are  au- 
thorized by  this  Board  for  that  purpose,  shall  erect 
or  keep  a  ferry  between  the  city  of  New- York  and 
the  opposite  shores  for  carrying  or  bringing  of 
any  passengers,  horses,  cattle,  hogs,  sheep,  goods, 
merchandize  or  other  thing  whatsoever,  to  or  from 
the  said  city  and  the  opposite  shores,  with  or  with- 
out any  hire  or  reward,  under  the  penalty  of  twenty-r 
Jive  dollars  for  each  offence. 

2.  And  be  it  further  ordained,  That  it  shall  be 
lawful  for  the  inhabitants  or  persons  residing  on 
the  opposite  shores,  to  transport  their  own  goods 
in  their  own  boats  from  the  opposite  shores  to  the 
city  of  New-York,  and  from  the  city  of  New-York 
to  the  opposite  shores,  without  paying  any  ferriage 
for  the  same. 

Provided  alzoays,  and  it  is  hereby  to  be  imderstood\ 
That  the  inhabitants  or  persons  residing  on  the  op- 
posite shores  shall  not,  under  colour  or  pretext  of 
transporting  his,  her  or  their  own  goods  only,  be 
allowed  to  carry  or  bring  over  the  goods  of  any 


108 

Other  person  of  what  kind  soever,  with  or  witliout 
hire  or  reward. 

3.  And  be  it  further  oj\iained^  That  the  Attorney 
of  this  Board  shall  be  authorized,  after  the  recovery 
and  receipt  of  any  penalty  under  and  by  virtue  of 
this  ordinance,  to  pay  over  to  the  person  who  shall 
give  the  said  Attorney  such  information  of  any 
offence  against  this  ordinance  as  shall  enable  the 
said  Attorney  to  prosecute  the  offender  to  judg- 
ment, such  part  thereof  (not  exceeding  one  third 
part  thereof)  as  in  his  judgment  he  shall  deem  meet 
and  proper. 


V 


109 


CHAPTER  XXXV 


AN  ACT 

Of  the  Legislature  of  the  State  of  New-York,  to 
invest  the  Mayor ,  Aldermen  aiid  Commonalty  of 
New-York,  with  adequate  Powers  in  Relation  to 
certain  Objects  of  Importance  to  the  Police  and 
Health  of  the  said  City.     Passed  April  2,  1803. 

Sect  1  Tl[7f^EREAS  the  general  welfare  of 
^  ▼  the  State  is  connected  with  the 
safety  and  health  of  the  city  of  New- York,  which 
has  been  visited  by  destructive  and  epidemic  disease, 
the  causes  of  which,  as  far  as  human  wisdom  can 
discover,  ought  to  be  removed,  and  such  measures 
adopted  as,  by  divine  favour,  may  prevent  the  re- 
turn of  that  fatal  malady :  and  whereas  it  is  repre- 
sented to  the  Ligislature,  that  noxious  exhalations 
from  sunken  and  damp  lots  of  ground,  deep  damp 
cellars,  narrow  and  confined  streets,  foul  and  ill- 
constructed  sinks  and  privies,  unfinished  water-lots, 
foul  slips,  putrid  or  unsound  provisions,  and  other 
evils  of  a  similar  nature,  together  with  the  practice 
of  interring  the  dead  in  the  heat  of  summer  in  im- 
proper places,  and  without  due  precautions,  are 
among  the  causes  to  which  the  existence  or  malig- 
nity of  that  disease  may  be  in  a  great  measure  at- 
tributed: Therefore,  to  remedy  the  said  evils, 

Be  it  enacted  by  the  People  of  the  State  of  New- 
York,  represented  in  Senate  and  Assembly,  That 
the  Mayor,  Aldermen  and  Commonalty  of  the  said 


110 

city  in  Common  Council  convened,  shall  have 
full  power  and  authority  to  make  and  pass  such 
bye-laws  and  ordinances  as  they  shcill  from  time  to 
time  deem  necessary  and  proper  for  the  filling  up, 
draining  and  regulating  of  any  grounds,  yards  or 
cellars  w^ithin  the  said  city,  that  may  be  sunken, 
damp  or  unwholesome,  or  which  they  may  deem 
proper  to  fill  up,  drain,  raise,  lower  or  regulate; 
and  also  for  causing  all  such  lots  of  ground  in  the 
said  city,  adjoining  to  Hudson's  river,  or  the  East- 
river  or  Sound,  as  they  may  from  time  to  time 
think  proper  to  be  filled  up,  with  wholesome  earth 
or  other  solid  materials,  so  far  into  the  said  rivers, 
respectively,  as  they  shall  from  time  to  time  deem 
expedient  for  promoting  the  health  of  the  said  city, 
and  for  compelling  the  proprietors  of  such  lots  to 
make  suitable  bulk-heads  on,  adjoining  or  opposite 
to  such  lots,  and  to  raise  and  fill  up  the  same  with 
such  materials,  and  in  such  manner,  and  wnthin 
such  times  as  the  said  Mayor,  Aldermen  and  Com- 
monalty shall  from  time  to  time  direct  ;  and  also 
for  filling  up,  altering  and  amending  of  all  pub- 
lic slips  in  the  said  city,  at  such  times  and  in 
such  manner  as  they  may  deem  proper,  and  for  fil- 
ling up  or  altering  and  amending  all  sinks  and  pri- 
vies within  the  said  city,  and  for  directing  the  mode 
of  constructing  them  in  future,  and  for  causing  subr 
terraneous  drains  to  be  made  fro'm  the  same  where 
they  may  think  it  necessary,  and  for  regulating,  or 
if  they  find  it  necessary,  preventing  the  interment  of 
the  dead  within  the  said  city ;  and  for  the  better 
regulating  of  boarding  houses  and  taverns  in  the 
said  city,  and  the  preventing  the  resort  of  crouds 
of  disorderly  persons  to  them,  and  for  preventing 


Ill 


the  digging  or  turning  up  of  made  ground  or 
grounds  formerly  covered  with  water^  during  the 
summer  months^  without  their  permission. 

2.  And  be  it  further  enacted^  That  such  penalties 
may  be  contained  in  such  bye-laws,  or  ordinances, 
as  the  said  Mayor,  Aldermen  and  Commonalty 
shall  or  may  from  time  to  time  think  proper,  in 
order  to  enforce  a  prompt  and  punctual  compli- 
ance with  the  same,  and  for  the  punishment  of  all 
offenders  in  the  premises,  not  exceeding  one  hun- 
dred dollars  for  each  offence  ;  and  that  the  said 
Mayor,  Aldermen  and  Commonalty,  may  from 
time  to  timiC  make  laws  for  the  regulating  of  pawn- 
brokers and  dealers  in  the  purchase  or  sale  of  se- 
cond hand  furniture,  miCtals  or  cloths,  and  that 
every  person  carrying  on  either  of  the  said  callings, 
trades  or  dealings,  shall  have  a  licence  from  the 
Mayor  of  the  said  city  for  the  same,  under  the  di- 
rections of  the  Mayor,  Aldermen  and  Com.monalty 
of  the  said  city,  and  shall  enter  into  a  recognizance 
in  the  penalty  of  one  himdr^ed  dollars^  conditioned 
for  the  observance  of  such  ordinances  as  may  be 
made  by  the  Common  Council  of  the  said  city  in 
the  premises;  and  the  said  Common  Council  are 
hereby  authorized  and  empowered  to  make  bye- 
laws  and  regulations  relative  to  the  taxing  and  de- 
stroying of  dogs  within  the  said  city. 

3.  And  be  it  further  enacted,  That  it  shall  and 
may  be  lawful  for  the  said  Mayor,  Aldermen  and 
Commonalty  in  Common  Council  convened,  to  ap- 
point one  or  more  persons  as  inspectors  of  lots  in 
the  said  city,  who  shall  have  power  at  all  times 
between  sun-rise  and  sun-set,  to  enter  into  any 
cellar,  lot  of  ground,  or  building  of  any  kind,  and 


112 

to  examine  the  state  thereof,  and  to  report  the  same 
to  the  said  Common  Council  whenever  he  or  they 
shall  judge  that  the  health  of  the  city  may  require 
any  alterations  or  regulations  therein. 

4.  And  be  it  further  enacted^  That  in  all  cases 
where  the  said  bye-laws  or  ordinances  shall  require 
any  thing  to  be  done  by  or  with  respect  to  the 
property  of  several  persons,  or  in  relation  to  the 
filling  up,  altering  or  amending  any  of  the  public 
slips  in  the  said  city,  the  said  Mayor,  Aldermen 
and  Commonalty,  in  Common  Council  convened, 
shall  cause  the  expense  of  such  w^orks  to  be  esti- 
mated and  assessed  in  the  same  manner  as  by  law 
directed  with  respect  to  the  paving,  altering  or  regu- 
lating the  public  streets  in  the  said  city;  and  where 
the  same  shall  relate  to  the  filling  up,  altering  or 
amending  the  public  slips  as  aforesaid,  one  third  of 
the  expense  attending  the  same,  shall  be  borne  by 
the  said  Mayor,  Aldermen  and  Commonalty,  and  the 
residue  by  the  persons  in  the  vicinity  who  may  be 
benefited  thereby;  and  in  other  cases,  such  expen- 
ses shall  be  borne  by  the  persons  respectively,  upon 
whom  the  same  may  be  assessed  as  aforesaid, 

5.  And  be  it  further  enacted^  That  it  shall  and 
may  be  lawful  for  the  said  Mayor,  Aldermen  and 
Commonalty,  in  all  cases  where  they  may  deem  it 
necessary  for  the  more  speedy  execution  of  the  said 
bye-laws,  laws  and  ordinances,  or  any  of  them,  to 
cause  all  such  works  as  may  be  necessary  for  any 
of  the  purposes  aforesaid  or  any  part  thereof,  to  be 
executed  and  done  at  their  own  expense,  on  ac- 
count of  the  persons  respectively  upon  whom  the 
same  may  be  assessed,  and  shall  have  full  power, 
and  are  hereby  authorized  to  levy  the  same  with 


113 

lawful  interest,  and  all  reasonable  costs  and  ex- 
penses attending  such  proceedings,  by  distress  and 
sale  of  the  goods  and  chattels  of  the  proprietors  or 
occupants  of  the  property  upon  or  by  reason  of 
which  any  such  sum  shall  have  been  assessed,  or 
to  recover  the  amount  of  every  such  expense  by 
action  of  debt  in  any  court  of  record,  from  the  per- 
sons respectively  on  vv^hose  account  the  same  shall 
have  been  incurred,  their  respective  heirs,  execu- 
tors or  administrators,  in  all  which  actions  they 
shall  also  recover  lawful  interest  upon  the  said 
amount,  with  full  costs  of  suit, 

6.  And  be  it  further  enacted^  That  the  amount 
of  every  such  expense  which  the  said  Mayor,  Al- 
dermen and  Commonalty  shall  pay  as  aforesaid  on 
account  of  others,  shall  be  a  real  incumbrance 
upon  the  houses  and  lots  in  respect  to  which  such 
assessments  as  aforesaid  shall  have  been  made,  and 
shall  bear  lawful  interest  until  paid ;  and  that  the 
same  may  be  recovered,  or  the  payment  thereof 
with  costs  enforced,  in  like  manner  as  if  the  said 
houses  and  lots  were  mortgaged  to  the  said  May- 
or, Aldermen  and  Commonalty  for  the  payment 
thereof, 

.  7.  And  he  it  further  enacted^  That  whenever  any 
person  shall  die  in  the  city  of  New-York,  the  Phy- 
sician or  Surgeon  who  shall  have  attended  such 
person  as  a  Physician  or  Surgeon,  during  his  or  her 
last  sickness,  shall  leave  a  note  in  writing,  signed 
with  his  name,  with  some  one  of  the  family  in  the 
house  where  such  person  shall  have  died,  specify- 
ing the  name  and  apparent  age  of  the  deceased, 
and  the  disease  of  which  he  or  she  shall  have  died; 
and  every  Physician  or  Surgeon  refusing  or  neglect- 

^  p 


114 


irig  to  make  and  deliver  such  note,  shall  forfeit  thd 
sum  oi  ffty  dollars ;  and  that  no  Sexton  of  any 
church,  or  other  person  having  charge  of  any  ce- 
metery, vault  or  burying-grouiid  in  the  said  city, 
shall  permit  any  dead  body  to  be  interred  therein 
iintil  he  has  received  such  note  in  writing  so  signed 
as  aforesaid ;  or  in  case  no  Physician  or  Surgeon 
shall  have  attended  such  deceased  person,  or  the 
Physician  or  Surgeon  vv^ho  did  attend,  shall  have 
neglected  or  refused  to  leave  such  note,  then  a 
like  note  signed  by  some  of  the  family  in  which 
such  person  shall  have  died,  the  contents  of  which 
note  in  writing  shall  be  entered  by  such  Sexton 
on  a  blank  schedule  to  be  furnished  by  the  Clerk 
of  the  city  and  county  aforesaid,  and  delivered 
together  with  the  said  schedule,  on  the  Saturday 
in  every  week,  to  the  said  Clerk  for  publication  in 
such  form  as  may  be  designated  by  any  present 
or  future'  ordinance  of  the  Mayor,  Aldermen  and 
Commonalty  of  the  city  of  New- York;  and  that 
every  Sexton  or  other  person  having  charge  of  any 
place  of  interment,  neglecting  or  refusing  to  per- 
'form  any  of  the  duties  required  by  this  act,  shall 
forfeit  the  sum  of  twenty-five  dollars. 

8.  And  be  it  further  enacted^  That  every  Prac- 
titioner of  Physic  in  the  said  city  shall,  whenever 
called  on  for  that  purpose  by  the  Mayor,  or  in  his 
absence,  by  the  Recorder,  give  -  his  opinion  in 
writing  as  to  the  existence  of  any  infectious  or  con- 
tagious disease  in  the  said  city,  and  that  the  said 
^layor  may,  when  thereunto  required,  if  such  opi- 
nion will,  in  his  judgment,  warrant  it,  deliver 
certificates  under  his  Seal  of  Office,  to  masters  of 
vessels  sailing  from  the  said  city,  stating  the  gene- 
ral health  of  the  said  city^ 


115 

9.  And  be  it  further  enacted^  That  all  suits  for 
any  penalties  imposed  by  this  act,  and  all  penalties, 
or  any  bonds  taken  in  the  said  city,  under  the  act 
entitled,  An  act  for  the  settlement  and  relief  of 
the  poor,''  shall,  whenever  the  same  shall  be  deem-^ 
ed  to  be  forfeited,  be  sued  for,  recovered  and  levi- 
ed, under  the  direction  of  the  Mayor  of  the  said 
city,  in  the  name  of  the  Mayor,  Aldermen  and 
Commonalty  of  the  city  of  New- York,  and  the 
proceeds  thereof  be  by  them  applied  to  the  public 
use  of  the  said  city,  and  that  the  Common  Council 
of  the  said  city  may  have  power  to  remit  or  com- 
pound for  the  said  penalties  or  forfeitures,  when- 
ever the  same  shall  appear  to  them  not  to  have 
been  wilfully  or  fraudulently  incurred. 

10.  And  he  it  further  enacted^  That  no  new  street 
shall  hereafter  be  laid  out  in  the  said  city,  except 
with  the  approbation  and  permission  of  the  Mayor, 
Aldermen  and  Commpnalty,  in  Common  Council 
convened,  and  that  if  any  street  shall  be  laid  out 
w^ithout  such  permission,  it  shall  be  lawful  for  the 
said  Mayor,  Aldermen  and  Commonalty,  by  bye- 
law  or  ordinances,  to  direct  the  same  to  be  stopped 
up,  and  all  buildings  adjoining  thereto,  to  be  re- 
moved by  the  proprietors  or  occupants  within  such 
times  and  under  such  penalties  as  they  shall  think 
proper. 

11.  And  be  it  further  enacted^  That  all  streets  not 
already  named  and  opened,  shall  be  considered  a^ 
new  streets  within  the  meaning  of  this  act :  Provided^ 
That  no  building  erected  on  any  such  street  not 
already  named  and  opened,  shall  be  removed  until 
it  shall  be  determined  in  the  mode  prescribed  in 
and  by  the  second  section  of  the  act  entitled,  An 


116 

act  for  regulating  the  buildings,  streets,  wharves 
and  slips  in  the  city  of  New- York/'  passed  the 
3d  day  of  April,  1801,  what  damage  or  loss  the 
owner  of  such  buildings  will  sustain  by  means  of 
such  removal,  and  until  the  money  awarded  to  such 
owner  shall  be  paid  or  tendered  to  him. 

12.  And  he  it  further  eiiactedy  That  whenever 
any  putrid  or  unsound  beef,  pork,  fish,  hides  or 
skins  of  any  kind,  shall  be  found  within  the  said 
city,  it  shall  be  lawful  for  the  said  Mayor,  Alder- 
men and  Commonalty,  or  any  one  of  the  Inspec- 
tors of  those  articles,  or  any  of  them,  or  any  person 
or  persons  acting  under  them,  or  any  of  them,  to 
cause  the  same  to  he  destroyed  by  starting  it  or 
casting  them  into  the  stream  of  either  of  the  said 
fivers  below  low  water  mark,  and  at  a  suitable 
distance  fronj  the  shore,  or  in  such  manner  as  the 
said  Maypr,  Aldermen  and  Commonalty  shall  or 
^lay  from  time  to  time  direct. 

13.  And  be  it  further  enacted,  That  cotton  in 
bales,  w^hich  is  the  produce  of  North-Carolina, 
South  Carolina  and  Georgia,  shall  and  may  be 
brought  into  the  city  of  New-York  at  all  times. 
Provided^  nevertheless,  that  the  Commissioners  of 
the  Health-office  shall  be,  and  they  are  hereby 
authorized  to  order  and  direct  all  such  cotton  as 
may  be  brought  jto  said  city  between  the  first 
day  of  June  and  the  first  day  of  November,  to  be 
landed  and  stowed  in  such  part  of  the  city  as  will 
in  their  judgment  be  least  injurious  to  health,  any 
law  to  the  contrary  notwithstanding. 

14.  And  be  it  further  enacted.  That  in  all  cases 
where  a  penalty  shall  or  may  be  contained  in  any 
bye-law  or  ordinance  of  the  said  Mayor,  Alderman 


117 


and  Commonalty,  and  the  same  not  being  higher 
than  twenty-five  dollars^  a  suit  shall  be  brought  for 
the  recovery  thereof ;  a  warrant  (if  required)  shall 
issue  in  the  first  instance  against  the  defendant, 
and  as  soon  as  judgment  shall  be  obtained  for  the 
recovery  of  such  penalty,  execution  shall  issue  for 
the  same,  with  costs  of  suit,  without  any  respite  or 
delay. 

15.  And  be  it  further  enacted.  That  whenever 
in  the  opinion  of  the  Mayor,  Aldermen  and  Com- 
monalty of  the  city  of  New- York  in  Common  Coun- 
cil convened,  it  shall  be  necessary  for  the  public 
convenience  to  open,  extend,  and  enlarge,  straight- 
en, or  otherwise  improve  any  street  or  streets  in 
the  city  of  New- York,  it  shall  be  lawful  for  the 
said  Common  Council  to  order  and  direct  the  same 
to  be  done  accordingly,  in  such  mann*er  as  they 
shall  think  most  advisable ;  notwithstanding  it 
may  become  necessary  for  that  purpose  to  remove 
any  building  or  buildings,  or  to  take  for  that  pur- 
pose any  ground  which  shall  be  then  built  on  or 
otherwise  improved  ;  and  that  the  said  Mayor,  Al- 
dermen and  Commonalty  shall  endeavour  to  treat 
and  agree  with  the  owners  of,  or  those  interested  in 
any  building  or  buildings,  or  ground,  to  be  removed 
or  taken  for  the  purposes  aforesaid,  as  to  the  com- 
pensation to  be  allowed  them  respectively  for  what 
shall  be  so  taken  or  removed,  and  the  damages  or 
injury  the  persons  interested  therein  shall  sustain 
thereby,  and  to  pay  them  if  they  can  agree,  but 
if  "the  persons  so  interested  therein,  or  any  of 
them,  shall  refuse  to  treat,  or  if  the  Common  Coun- 
cil and  the  parties,  or  any  of  them,  cannot  agree, 
then  the  said  Common  Council  shall  pursue  such 


118 

measures  in  relation  to  compensation  to  be  made 
to,  or  paying  the  damages  and  injury  which  the 
owners  or  those  interested  therein  may  sustain 
thereby,  as  are  directed  by  the  second  section  of  the 
act  entitled,  "  An  act  for  regulating  the  buildings, 
streets,  wharves  and  slips  in  the  city  of  New-York," 
passed  the  third  day  of  April  1801,  which  directions 
being  comphed  with,  the  same  shall  be  binding 
and  conclusive,  in  the  manner  in  the  said  second 
section  of  the  said  act  prescribed  in  all  respects, 
and  the  right  to  the  said  streets  when  so  laid  out 
and  made,  shall  vest  in  the  said  Mayor,  Aldermen, 
and  Commonalty  of  the  city  of  New-York  in  man- 
ner aforesaid. 

16.  And  be  it  further  enacted^  That  all  the  ex« 
penses  which  the  said  Mayor,  Aldermen  and  Com- 
monalty of  the  city  of  New-York  shall  incur,  and 
the  monies  which  they  shall  pay  or  become  bound 
to  pay,  in  consequence  of  the  lawful  exercise  of 
power  and  authority  conferred  upon  them  by  this 
act,  shall  be  estimated  and  assessed  among  all  the 
owners  or  occupants  of  all  the  houses  and  lots  of 
ground  intended  to  be  benifited  thereby  in  the 
manner  directed  in  and  by  the  eleventh  section  of 
the  act  entitled,  An  act  for  regulating  the  build- 
ings, streets,  wharves  and  slips  in  the  city  of  New^ 
York,"  passed  the  3d  day  of  April  1801,  and  shall 
be  binding  and  conclusive,  and  be  collected  in  the 
manner  therein  prescribed.  Provided^  That  when 
any  building  shall  be  removed  or  taken  for  the 
purposes  in  and  by  this  act  directed  or  authorized, 
it  shall  be  in  the  discretion  of  the  assessors  to  assess 
cin-y  portion  of  the  sum  to  be  paid  therefor,  not 
exceeding  one  third  part  thereof,  on  the  Mayor, 


119 

Aldermen,  and  Commonalty  of  the  city  of  New- 
York,  who  shall  be  bound  to  pay  the  same  out  of 
the  city  treasury. 

17.  And  be  it  further  enacted^  That  all  the  forms 
of  proceedings  necessary  to  carry  the  sixteenth  and 
seventeenth  sections  of  this  act,  and  the  powers 
hereby  conferred,  into  effect,  shall  be  conformable, 
as^  far  as  shall  be  practicable,  to  the  directions  of 
the  act  herein  last  before  mentioned  and  referred 
to,  as  though  the  same  were  here  again  repeated. 

18.  And  be  it  further  enacted.  That  if  any  person 
shall  be  sued  for  any  thing  done  in  pursuance  of 
this  act,  it  shall  be  lawful  for  such  person  to  plead 
the  general  issue,  and  to  give  this  act  and  the 
special  matter  in  evidence. 

19.  And  be  it  further  enacted  y  That  this  act  shall 
be  considered  as  a  public  act,  and  be  liberally  ex- 
pounded and  construed  to  advance  the  ends  thereof, 
and  enable  the  said  Mayor,  Aldermen  and  Com- 
monalty to  promote  the  health  and  improve  the 
police  of  the  said  city. 

20.  And  be  it  further  enact edj  That  this  shall  be 
and  continue  in  force  for  three  years  from  the  pas- 
sing thereof,  and  no  longer. 

21.  And  be  it  further  enacted^  That  it  shall  be 
lawful  for  the  Sheriff  of  the  city  of  New- York,  to 
pay  out  of  the  surplus  monies  arising  from  fines  and 
penalties  by  him  collected,  to  each  of  the  Consta- 
bles and  Marshals  of  the  said  city,  the  sum  of 
seventy-five  cents  for  each  and  every  day  they  shall 
respectively  attend  any  of  the  courts  of  the  said 
city  or  state,  to  be  holden  in  said  city,  upon  the 
certificate  of  the  Clerk  of  such  court,  that  they 
have  duly  attended  the  same. 


120 

22.  And  be  it  further  enacted,  That  no  persoti 
acting  as  Inspector  of  the  State  Prison  shall  be  com- 
petent or  permitted  to  act  as  Agent  of  the  said 
State  Prison. 

23.  And  be  it  further  enacted.  That  it  shall  and 
'may  be  lawful  for  the  Judges  of  the  Court  of  Com- 
mon Pleas,  called  the  Mayor's  Court  in  the  city  of 
New- York,  or  a  majority  of  them,  to  alter  or  change 
the  limits  or  liberties  of  the  jail  of  the  said  city  and 
county  of  New- York,  as  often  as  they  may  deem 
the  same  proper  and  necessary,  any  law  to  the 
contrary  notwithstanding. 


